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(영문) 울산지방법원 2020.10.07 2020고단2482
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for 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

The defendant is the father of the victimized child B ( South and 11 years of age).

On April 21, 2020, from around 23:00 to 01:00 of the following day, the Defendant inflicted bodily injury on the part of the Defendant, such as the hand, hand, and hand, and hand, knife of other parts of the Defendant’s hand, where the number of days of treatment is unknown when the victimized party’s hand floor, light floor, head, etc. was taken by the Defendant in the house where the Defendant and the victimized party reside together with the Defendant of Yangsan-si apartment D, and the victimized party took a serious bath to E.

As a result, the defendant committed physical abuse that may injure the body of the victimized child or harm the health and development of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation (related to the attachment of photographs of damaged parts of a victim and counseling records) , photographs of victims, and counseling records;

1. F stenographic records;

1. Investigation report (in relation to the attachment of the records of victim B and the certificate of release on parole), past records, and written confirmation of release on parole;

1. Application of Acts and subordinate statutes to replys;

1. Article 71 (1) 2 of the Child Welfare Act and subparagraph 3 of Article 17 of the same Act concerning facts constituting an offense and Article 71 (1) 2 of the Child Welfare Act selection of punishment;

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

1. Article 8 (1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. Grounds for sentencing under the proviso to Article 29-3 (1) of the Child Welfare Act (the grounds for sentencing that a defendant does not issue an employment restriction order to the defendant, on the ground that there are special circumstances for not issuing an employment restriction order to the defendant, in light of the following: (a) the defendant's background leading up to the crime in this case; (b) the defendant's age, occupation and environment; (c) the risk of repeating the crime; (d) the details and motive of the crime; (e) the possible side effects and anticipated side effects of the crime committed by the defendant

1. The scope of punishment by law:

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