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(영문) 의정부지방법원 고양지원 2019.08.23 2019고단1004
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 3, 2018, the Defendant borrowed a large amount of money from the victim D(17 years of age) who is an son in the building B and C from the son on the ground that he borrowed a large amount of money from her natives, the Defendant had the victim take a attitude protruding outside the sloping, and committed physical abuse that damages the victim’s body or damages the victim’s physical health and development by making approximately four times the victim’s am her bet, her bet, and her bet, her body, etc. over several times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes to replys to requests for investigation cooperation;

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 3 of the Child Welfare Act, the choice of punishment for an offense, and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. In full view of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and anticipated side effect of the Defendant’s disadvantage due to the employment restriction order, the preventive effect and effect of the crime that may be achieved therefrom, the victim protection effect, etc. of the child-related institution pursuant to Article 62-2 of the Criminal Act, Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, and Article 29-3(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, the order of employment restriction shall not be issued to the Defendant, on the ground that there are special circumstances

Reasons for sentencing

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended sentence according to the sentencing guidelines (a decision of type), and arrest, confinement, abandonment, or abuse;

(a) Reduction elements of serious abandonment or abuse [type 2] [Special Sentencing] reduction elements: Reduction area of punishment [the scope of recommendation area and recommendation range] mitigation area, two months to one year;

3. The status and responsibility of the defendant as his father, and the age of the victimized child; and

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