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(영문) 의정부지방법원 2014.08.19 2014고단1443
아동복지법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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 a space between the victim C (25 months) and the victim's mother D, and from November 2013, the defendant is living together in the E- underground room from the Government of Medical Service.

On April 29, 2014, the Defendant: (a) around 23:10 on April 29, 2014, at F’s convenience store near the so-called “F”) where the mother of the victim works, and had the victim live in his/her residence, and (b) took one time a part of the victim’s entrance fee in his/her hand, and (c) continued to find the victim’s face in front of his/her residence, and (d) took one time in his/her hand.

As a result, the Defendant abused the victim by doing harm to the victim, such as the injury of the victim, the mouth and the mouth, and at the same time doing harm to the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. G statements;

1. Statement of opinion;

1. Application of statutes on site photographs;

1. Article 71 (1) 2, Article 17 subparagraph 3 (a) of the Child Welfare Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing in Article 62-2 of the Probation Criminal Act [the scope of recommending punishment] general injury [the scope of recommending punishment] general injury area (six months to two years) [specially under] crime victim [the decision of sentence] who is vulnerable to the defendant's crime (the defendant's decision of sentence] victim who is vulnerable to the defendant's protection, and abuse of victim who is a child subject to the defendant's protection, caused the victim to be injured by the victim, which is a child subject to the defendant's protection, there

However, a suspended sentence is to be imposed in consideration of the fact that the defendant was detained in the instant case, and his/her mistake was seriously reflected in his/her prison life before release as a bail, and that his/her wife and child are responsible for the support of the victim, and the probation is to be imposed during the suspended sentence period to prevent recidivism.

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