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(영문) 대구지방법원 2018.01.26 2017고합537
아동학대범죄의처벌등에관한특례법위반(아동학대중상해)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a child abuse treatment program for 40 hours.

Reasons

Punishment of the crime

피고인은 2017. 8. 8. 03:00 경 대구 동구 C, 6동 106호에 있는 피고인의 집에서, 친자녀인 피해 아동 D( 여, E) 이 잠을 자지 않고 계속 운다는 이유로 손으로 피해 아동의 종아리를 1회 때리고, 누워 있는 피해 아동의 양팔을 잡고 수회에 걸쳐 피해 아동을 당겨 일으켜 세웠다가 밀어 넘어뜨려 피해 아동의 머리가 바닥에 부딪히도록 하고, 주먹으로 피해 아동의 머리를 꿀밤을 주듯이 수회 때렸다.

As a result, the Defendant caused the injury to the victimized child, such as the mouth of the right bed and the outer blood transfusion, the light blood transfusion, and the blood transfusion from the left-hand side of the back-to-hand side, which could not be known of the number of days of treatment, resulting in the absence of physical disorder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of opinion;

1. CT photographs and image pictures of victimized children;

1. Application of Acts and subordinate statutes to report on investigation (to make a statement and hear by telephone in charge of victims);

1. Article 5 and Article 2 subparag. 4(a) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes committed against the relevant crime, Article 257(1) of the Criminal Act;

1. Reasons for sentencing under the main sentence of Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes committed against children under orders;

1. Scope of the recommended punishment according to the sentencing criteria: - Arrest, confinement, abandonment, and abuse crime sentencing criteria;

3. Per-Class 1 children’s popular injury (determination of the territory of recommendation and the scope of punishment for recommendation) under the Child Education Response Act - Basic area, two years and six years to five years of imprisonment.

2. The fact that the defendant was showing the attitude of recognizing and reflecting in depth his criminal act; that the mental illness, such as depression, which the defendant suffered from ordinary pain, appears to have partly influenced the criminal act of this case; that the victim's parents and the family members complain of the defendant's wife against the defendant; that the defendant is the first offender who has no previous conviction and has to take care of him.

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