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대전지방법원 천안지원 2017.07.20 2017고단1033
아동복지법위반
Text

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

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

Reasons

Punishment of the crime

From February 24, 2017, the defendant living together with D, who is the father of the victim C (the South and the age of 11) and had been living together with D and D and the victim from around February 24, 2017.

1. On March 8, 2017, the Defendant committed the crime on March 8, 2017, on the ground that the victim made a false statement in the above residence, and caused the victim to be kneeed in the bee knee knee kne on the floor, and committed physical abuse that harms the victim’s physical health and development by taking the victim’s breast knee kne, knee knee knee kne kne, etc. (hereinafter “mag kne kne kne ke ke ke ke ke ke ke ke, etc.).

2. On March 13, 2017, the Defendant committed a physical abuse that may harm the physical health and development of the victim, who is a child, by taking into account the body of the victim, such as the victim’s head, arms, etc., bucks, bucks, and sucks, and fucks, on the grounds that the victim made a false statement in the above residence, and the victim was detained in the softenetion in the ward.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol (F, C, G, D);

1. Application of the statutes on damaged photographs and Kakao Stockholm dialogue content;

1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 3 of the Act on the Place of Punishment of Children and the Selection of Imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The grounds for the sentencing of Articles 8(1) and 8(2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses by Ordering Education [the scope of recommendations] and the general standards for the punishment of Defendants 2 (serious abandonment and abuse) and there is no person who has a special sentencing [the person who has a special sentencing] [the sentence] [the grounds for the crime of this case, the relation between the Defendant and D victim], the relation between the Defendant and D victim, the name of the victim when the Defendant was a victim, the Defendant’s health status, the Defendant’s criminal records (no criminal records except once).

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