Ga. Violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Child Education)

Serious injury)

(b) Habitually violating the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

v)

(c) Child Welfare violation (Child abuse);

(d) Violation of the Child Welfare Act (child abandonment);

(e) Violence;

(f) Injury;

1. (a) . (b) . (d) . e. Kim○ (88 - 2) , cafeteria employees;

Seo-gu Incheon

Gyeonggi-gu in the original domicile

2.(c)(f) . ○○ (78 - 2) and the master;

Seo-gu Incheon

Mapo-gu Seoul basic domicile

Park Jong-young (Public Trial) (Public Prosecutors) , kneeps knives knives kives kives kives

Law Firm Jeong (For the Defendants)

Attorney Kim Sung-sung, Counsel for the plaintiff-appellant

Attorney Park Jong-young (Attorney Park Jong-ok, Counsel for defendant ○○)

April 6, 2016

Defendant ○○○ is punished by imprisonment with prison labor for six years, and by imprisonment for four years.

Defendants order the completion of each child abuse treatment program for 80 hours.

A seized tree enzymal hand (No. 1) shall be forfeited from the defendant ○○○.

Criminal facts

Defendant ○○○, who is a victim of the divorce between the former spouse and the former spouse, raises her husband Hu○○○ (n, 5 years old) and her △△△△△ (n, 3 years old). From April 17, 2015, Defendant ○○, ○○○○○○○, and ○○○○○○ apartment (○○○, ○○ apartment), had lived with the members of the same religious organization, including Defendant ○○, as well as the members of the other religious organization.

1. Violation of the Child Welfare Act and violence against Defendant Kim ○-○ by Defendant Kim ○-○ (Child abuse)

A. At around 17:00 on September 2014, the Defendant: (a) placed the victim on the floor of the ○○ apartment house in Gangseo-gu Seoul Metropolitan Government Fire 3 Dong-dong, on the ground that the victim’s Do○○○ was not able to listen to the horses while she was flurd; (b) placed the victim on the floor, on the ground that the victim’s Do○○○ was not flurd, she was flurd, and was flurd about 5 cm in width; and (c) committed physical abuse that may inflict the victim’s bodily injury or injure the health and development of the body.

B. At around 17:00 on October 10, 2014, the Defendant committed an act of assaulting the victim's body or physical abuse against the victim's body health and growth at the same time on the ground that the victim brought about the victim's phrases, such as color flusing flus, etc., in a child-care center, to be put in the house in the house in the front place, on the ground that the victim made the victim's flusium false remarks.

C. On January 1, 2015, the Defendant committed 17:00 on the third floor of the above apartment house, on the ground that the victim was durged by having durging with the horse without hearing the horse, and at the same time, assaulting the victim’s hand floor at the time of 5 to 6 times, and at the same time, assaulting the victim’s hand floor at the time of 5 to 6 times, and harming the victim’s physical health and development.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes against Defendant Kim ○○○○○’s Victim (Abandonous Bodily Injury)

On May 2015, the Defendant: around 00, at around 17: 00, at the residence of the Defendant, ○○○○-dong (○○-dong, ○○ apartment-dong, this apartment-dong), the Defendant made a false statement to the effect that he was released by water while putting the victim on the floor, and she was in the house, on the ground that he did not have the victim’s head at around 5:0,000, at around 10, the Defendant’s growth floor was 10,000 square meters in length; at around 12, 2015, at around 13, 5:10,000 from May 12, 2015 to 10 to 3:3,000 square meters in width; and on the ground that the victim got the victim’s head’s son on the ground that she got out of the floor, the Defendant’s her head’s son was not able to have the victim’s son.

In addition, at around 18:00 on May 2015, the Defendant made a false statement that the victim was out of the place of residence of the above Defendant, when the victim was out of the Defendant’s house and concealed the cosmetic and the writing to his own bank by leaving the cosmetic at the Defendant’s house, and when the victim was out of the country at around 10:0 on June 16:0, 2015, while the victim was out of the country, at around 15:0 on the first day of June 2015, he made a false statement that the victim was out of the country, while the victim was out of the country, he did not drink the part of the victim’s et al. with the victim’s back at five times, and the victim’s growth floor was 15 times by the above effective hand.

In addition, at around 17:00 on June 10, 2015, the Defendant, at the residence of the above Defendant, laid down the degree of 30 foot 1,00 won from the money envelope inside the Defendant’s bank, thereby hiding it into his own bank, hiding it into the above ○○○ bank without permission, making it clear that the victim’s parts, such as the victim’s et al. are 7 to 8 times, so long as 7 to 8 times away from the hand floor, and the above fluor’s amburg, the ambal part, the ambal part, etc. of the victim’s amburg, and the ambal part, etc. are 10.

As above, from May 10, 2015 to June 17, 2015:0, the Defendant assaulted the victim who is a child, thereby causing danger to life by causing the victim’s confluence by causing the victim’s head, chest, etc., side knife, knife, knife, knife, knife, etc., on the telegraph, such as buckbucks, arms, and knife, etc. for a considerable period of time. On June 12, 201, the Defendant caused low flife knife knife and knife knife knife knife knife knife knife knife.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes against the Victim Dok △△△△△△ by Defendant Kim ○ (or abuse by ordinary person)

A. At the end of April 2015, the Defendant, at the time of the end of the foregoing Defendant’s residence, 4-5 times, including the victim’s floor and bridge, on the ground that the victim’s △△△△△ was flured and flured in the victim’s clothes, on the ground that the victim’s son and △△△△△△△ was flured.

B. At around 18:00 on May 2015, the Defendant: (a) 18: (b) on the first-come-served date; (c) on the ground that the victim’s dwelling in the above Defendant continued to have lurddddd and did not hear the horses; (d) 2:3 times or more of the victim’s floor and lurgical lurgical lurgs.

C. On May 1, 2015, at around 18:00, the Defendant sent a child care teacher in charge at the victim’s home, who was flured and flured with the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son, etc., five times.

D. On June 6, 2015, at around 17:00, the Defendant: (a) 5 to 6 times, on the ground that the victim was frighted to food and did not hear the horses in the Defendant’s residence; (b) on the ground that the victim was frighted to food and did not hear the horses in the Defendant’s residence; (c) 5 to 6.

As a result, the Defendant habitually abused the victim, who is a child, such as taking the victim in a state where he is unable to walk normally.

4. Assault, bodily injury, and violation of the Child Welfare Act by Defendant ○○○ (Child abuse)

A. On May 2015, the Defendant: (a) committed assault upon the victim’s hand floor and the floor of the victim’s hand by hand, and at the same time committed physical abuse that may inflict bodily harm on the victim’s body or that may undermine the physical health and development of the body, on the ground that the victim’s her mother, who is his/her father of the above Kim○○, does not hear the horses at his/her residence; and (b) the victim’s her mother, who is his/her father of

B. On May 2015, the Defendant: (a) committed assault at the victim’s hand floor and the floor of the victim’s △△△△△ on several occasions on the ground that the victim’s her horse was not heard; and (b) at the same time, committed physical abuse that may inflict bodily harm on the victim’s body or undermine the physical health and development of the victim’s body.

C. On May 2015, the Defendant: (a) around the instant Defendant’s residence, on the ground that ○○○○ does not listen to horses; (b) took the floor and the floor of the said Defendant’s hand on several occasions by hand on the ground that she did not listen to horses; (c) taken water in the electrical and electronic body; (d) taken the victim’s bridge back heavy water contained in the main electronic on the part of the buckbucks on both sides of the bridge; and (e) took the victim’s bridges inside both sides of the bridge and the right-hand bridge; and (e) committed physical abuse at the same time, in which the number of days of treatment cannot be known on both sides of the bridge and the right-hand bridge part; and (e) took the victim’s body damage; and (e) committed physical abuse

5. Violation of the Child Welfare Act by Defendant Kim○-○ (child abandonment)

On May 2015, the Defendant, at the Defendant’s residence, neglected to treat the victims of a son while taking measures to the extent that ○○, as set forth in the above Section 4(c), brought hot water on the bridge of the victim Hu○○○○, and taken two degrees of pictures, but did not provide any particular treatment such as hospital treatment.

Summary of Evidence

1. The legal statement of the chief of the defendant ○○○ (which was made on the sixth trial date) and the part of the defendant Kim○○’s court

Statement

1. Each prosecutor's interrogation protocol against the Defendants

1. Statement made by the prosecutor to the Do governor;

1 . 허●● , 김●● , 김◎◎ , 김 , 김◆◆ , 배◎◎ , 김□□ , 류□□ , 강□□에 대한 각

Police Statement

1. Each stenographic record (victim Do Governor’s statement, victim Do Governor’s statement, victim Do Governor’s statement Do Governor - at the time of hospitalization, the victim is the victim;

- Contents of statements - Regular investigations on the date of discharge

1. Police seizure records and the list of seizures;

1. Report on occurrence (child abuse), a detailed statement of handling 112 reported cases, a situation report, and each investigation report [Reference Witness Kim Jong-so];

(11900000000000000000000000000000000000

Typ

1. Each written opinion, a copy of the medical record, a copy of the medical record, the content of questions and answers to medical treatment, and the title of this title;

The response of the quality of the Dong Hospital;

1. Expert opinion on child counseling day, play evaluation report, each psychological evaluation report, and child abuse case (to be provided);

Written Opinion of Appellants

1. Inquiries of the fact-finding (Non-Contracting)

1. The images of each victim (Hu○○○, Hu△△△△△△△), the photo of the police station, the photo of the police station (Hu○○○), the on-site photo; 1. Each video CD, the video recording CD, the video recording CD in the first-aid vehicle, and the video recording of the reported voice;

Il CDs, video CDs

1. Habituality of the judgment (defendant Kim-○): The method and frequency of crimes as indicated in the judgment, the period and the same kind of crimes;

Recognition of damps in light of continuous repetitions, etc.

Application of Statutes

1. Relevant Articles of criminal facts;

A. Defendant Kim ○: Article 260(1) of each Criminal Act (a) and Article 71(1) of each Child Welfare Act

Special cases concerning subparagraphs 2 and 3 of Article 17 and subparagraph 3 of Article 17 (Child Abuse Points), punishment of crimes of child abuse, etc.

Articles 5 and 2 subparagraph 4 (a) of the Act, Article 257 (1) and Article 260 (1) of the Criminal Act.

Article 6 and Article 2 subparag. 4 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Article 6 and Article 2 subparag. 4

(l) Article 71(1)2 of the Child Welfare Act, Article 71(1)3 of the Child Welfare Act, and Article 17(3)

section 71(1)2 of the Child Welfare Act, Article 17 Subparag. 6 of the Child Welfare Act (the occupation of a child)

B. Defendant ○○○○: Article 260(1) of the Criminal Act (a) and Article 71(1) of the Child Welfare Act

Paragraph 2, Article 17 Subparag. 3 (Child abuse) and Article 257(1) of the Criminal Act

1. Competition;

A. Defendant Kim ○: Articles 40 and 50 of the Criminal Act [the crime of assaulting on or around September 2014 and the Child Welfare Act]

Violations (child abuse) and assault and child welfare violation (child abuse) committed on or around October 2014 (child abuse).

Crimes between the crimes of abuse and the crimes of violence on January 2015 and the crimes of violation of the Child Welfare Act (child abuse).

Between heading, each punishment shall be imposed on a crime of violating the Child Welfare Act (Child Abuse) with heavier punishment

B. Defendant ○○○○: Articles 40 and 50 of the Criminal Act [Defendant ○○○ on May 2010]

Violence and Child Welfare (Child Abuse) Offenses and Child Welfare (Child Abuse) Offenses with more severe punishment

(Child Abuse) Punishment provided for in the crime of child abuse, assault against the victim Do Governor △△△ and Child Welfare Act;

Offenses (Child Abuse) which violate the Child Welfare Act (Child Abuse) with heavy punishment, and which violates the Child Welfare Act (Child Abuse)

Punishment of punishment, injury to the victim Hu○○○ in the middle of May 2010, and violation of the Child Welfare Act

(Child Abuse) Punishment prescribed for a more severe injury committed between crimes, and punishment)

1. Selection of penalty;

A violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse (Habitual Abuse), a violation of the Child Welfare Act (child abuse, a child);

In the case of violation of the Dong Welfare Act, each of the imprisonment for the crime of abandonment or neglect of child, and injury shall be selected.

1. Aggravation for concurrent crimes;

A. Defendant Kim-○: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (a)

Punishment of Child Abuse Crimes Act (Violation of the Special Act on the Punishment, etc. of Child Abuse Crimes)

【Aggravated Punishment】

(b) Head of Defendant ○○: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravated Punishment)

Punishment of Bodily Injury (Aggravated Punishment)

1. Order to complete a program;

Defendants: Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

1. Confiscation;

Defendant ○○: Article 48(1)1 of the Criminal Act

Judgment on Defendant Kim 00 and his defense counsel's assertion

1. Summary of the assertion

In relation to the crime of Paragraph 2 of Article 2 of the judgment, the defendant mainly committed the victim's hand floor and the bottom of the growth floor, and assaulted the victim's head. Thus, there is no causal relationship between the result that the victim caused cerebral blood disease and caused salves and salves and the result that led to the mixed status of the salves and the defendant's act.

2. Determination

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant committed assault against the victim, which led to the occurrence of cerebrovascular disease, and the victim is sufficiently recognized as having committed a mixed state due to her low obsium blood certificate. Thus, the defendant and the defense counsel's assertion is not acceptable.

1) The medical causes causing the victim to be mixed are as follows.

Due to the shock of headal cerebral typhal typhism, the cerebral typhism was caused to the victim, and the cerebral typhal typhal typhe was caused to the victim due to the cerebral typhal typhal typhal typhal typhal typhism. The dynasium was caused by severe alphal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhism

2) Although the victim talks with only the floor of hand and the floor of the victim who was assaulted by the defendant at the time of making a statement in an investigative agency, the victim is only five years of age at the time of making a statement. The victim is not only a child who is a child of 5 years of age at the time of making a statement, but also has a high possibility of making a reduced statement due to psychological reasons on the crime of the defendant who is a pro-born, but also the victim's photograph, etc., other than the floor of hand, the victim's photograph, etc., the victim's head, shot, shot, am, am, etc., was discovered, and the victim did not make a statement on the part of the victim's statement that the victim was assaulted by the

3 ) 게다가 피고인은 검찰 조사과정에서 2015 . 5 . 12 . 경 내지 2015 . 5 . 13 . 경 피해자 의 머리 부위를 효자손으로 세게 때린 사실을 인정하고 있고 , 피해자가 피고인으로부 터 머리를 폭행당한 다음 날 얼굴에 멍이 생기고 뒤통수가 부어올라 명지병원과 이화 여자대학교 의과대학부속 목동병원에서 치료를 받았는데 , 위와 같은 피해자의 상처가 피고인의 폭행 때문이라는 것을 인정하였다 . 5세의 어린 아동인 피해자를 성인인 피고 인이 나무로 된 효자손으로 세게 수회 때렸다면 그로 인하여 피해자에게 뇌출혈 병변 이 생길 가능성이 충분하다 . 더욱이 피해자가 입원하였을 당시 담당 의사였던 김■■ 은 피해자에게서 관찰되는 뇌부종과 뇌출혈은 그 상처의 진행경과에 비추어 볼 때 피 해자가 발작으로 쓰러진 시기보다 앞선 시기 , 즉 피해자가 명지병원과 이화여자대학교 의과대학부속 목동병원에서 치료를 받았던 시기에 가해진 충격이 원인이 되었을 가능 성이 있다는 의견을 밝히고 있는바 ( 증거기록 제918쪽 참조 ) , 위 담당 의사의 의견은 피 고인의 폭행과 피해자의 뇌출혈 병변 사이에 인과관계가 있음을 뒷받침해주고 있다 .

4) In regard to this, the Defendant alleged that there was a cerebral cerebral typosis caused by the shock of the head part of the Defendant’s bath. The victim made a false statement at an investigative agency on the day when the victim caused the her hair to a bath, and that there was no fact beyond the other days, and that there was no fact beyond the other days. The victim made a false statement at the time when she made a statement at the investigative agency on the day when she caused the her hair to a bath, 'the hump caused the hump to the hump to the hump to the hump and the hump to the hump to the hump by the victim’s statement alone is not consistent. In addition, it is difficult to deem that the hump was caused by the victim’s hump to the hump to the hump.

Even if the circumstances leading to shock are recognized, such shock cannot be deemed to have caused cerebrovascular disease and low entitium transfusions to the victim by competing with the facts that the Defendant abused the victim’s head part of the victim’s head part, and thereby causing cerebral cerebral typosis and its result, and cannot be deemed to have caused the above consequence solely by the shock that the victim went beyond the bath and became on the head part of the victim’s head. Ultimately, the circumstance alleged by the Defendant does not interfere with the Defendant’s assault and the existence of the causal relation between the Defendant’s serious injury and the victim’s result.

Reasons for sentencing

1. The scope of punishment by law;

A. Defendant Kim ○: Imprisonment for 3 years to 45 years;

(b) Defendant ○○○: Imprisonment for not more than ten years and six months;

2. Application of the sentencing criteria;

A. Defendant Kim-○

1) A crime of violating the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Seriously Injury to Child Abuse): Basic crimes

[Determination of Type] Arrest, Confinement, Abandonment, Abuse, Child Abuse Punishment Act

Article 1 type 1 (Child Abuse and Serious Harm)

[Special Convicted Persons] When committing a crime repeatedly over a considerable period of time, the determination of abuse

Where the Do is serious;

[Scope of Recommendation] Special Priority, 4 years of imprisonment to 10 years of June

2) Violation of the Child Welfare Act (Child abuse)

[Determination of Types 2] General Criteria of Arrest, Confinement, Abandonment, Abuse (Mono. Mano. Mano. Mano.)

20 10 1

[Special Convicted Persons] A person under commission: A person who has committed a crime repeatedly over a considerable period of time, abandonment or abuse;

If the degree of such class is serious;

[Scope of Recommendation] Special Diplomatic Zone, one year to three years of imprisonment

3) Violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Habitual Abuse)

[Determination of Types 2] General Criteria of Arrest, Confinement, Abandonment, Abuse (Mono. Mano. Mano. Mano.)

20 10 1

【Special Exemplarys: In the case of habitual offenders:

[Scope of Recommendation] Aggravation, one year to two years of imprisonment

4) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of four years to 12 years; or

B. Defendant ○○○

1) Violation of the Child Welfare Act (Child abuse)

[Determination of Type] The General Criteria for Abandonment, Abuse and Abuse of Arrest, Confinement, Abandonment, Abuse] Type 2 (Minority)

20 10 1

[Special Convicted Persons] A person under commission: A person who has committed a crime repeatedly over a considerable period of time, abandonment or abuse;

If the degree of such class is serious;

[Scope of Recommendation] Special Diplomatic Zone, one year to three years of imprisonment

2) Violation of the Child Welfare Act (Child abuse)

[Determination of Type] No. 2 of the General Criteria for Elimination of Cruing, Abandoning, Abandoning, Abandoning, Abandoning (Tandon)

20 10 1

[Special Convicted Persons] A person under commission: A person who has committed a crime repeatedly over a considerable period of time, abandonment or abuse;

If the degree of such class is serious;

[Scope of Recommendation] Special Diplomatic Zone, one year to three years of imprisonment

(iii)an injury;

[Determination of Type 1] General Injury to Violence. (General Bodily Injury)

[Special Escopic Persons] Victims: Victims who are vulnerable to crimes;

[Scope of Recommendation] Aggravation, 6 months to 2 years of imprisonment

4) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of one year to five years; or

3. Determination of sentence;

(a) Defendant Kim ○: Imprisonment for 6 years;

(b) Defendant ○○○: Imprisonment for 4 years.

Defendant ○ Kim○, while married with her husband, gave birth to and nurture two victims. Of that, Defendant Kim○, the two victims were divorced from her husband due to the religious problems of Defendant Kim○○, etc., Defendant Kim○ was responsible for living alone, and Defendant Kim○ appears to have been under physical and mental stress. These stress of Defendant Kim○○, who was delivered to the victims, was in distressed, and Defendant Kim○, who committed an act that the victims did not fit her mind, committed continuous abuse as described in the facts constituting an offense against the victims, without having taken part in decentralization. Accordingly, the victim Kim○, who was the victim’s ○○, was even in a state of confusion and confusion.

In addition, the head of Defendant ○○ was a person who believed a religion such as Defendant Kim○, and was living with Defendant Kim○○ on the pretext of helping the fostering of Defendant Kim○○○○. The head of Defendant ○○ was not only silent and booming the child abuse by Defendant Kim○, but also directly abused the victims, such as leaving the victim Do○○○○, who committed a heavy water contained in the main body of Defendant Kim○, as a de facto fluor of the above community life, and fluoring the victim into the victim Do○○.

Due to psychological or physical abuse of a child who has not yet completed, the victimized child is bound to be adversely affected by future growth and development, and further, the child abuse may grow after the child has been passed, and the child abuse may be substituted by the sender of the violence or the school representative in schools, society, home, etc., so our society should always be aware of the harm.

In this case, the Defendants abused the victims who are absolutely in need of sound rearing and protection, who are 5 years of age and 3 years of age, by using the victims who have no ability to defend themselves, and thereby, attempted to deny the facts of the crime at an investigative agency and to conceal the mistakes of the Defendants, even though the victims caused danger to the life of Do○○○○○. In this regard, it is necessary to punish the Defendants with severe punishment corresponding to the responsibility for the crime.

However, most of the defendants recognized their mistakes in this court, and there is no record of criminal punishment, etc. shall be considered as favorable to the defendants. In addition, considering the defendants' age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, various sentencing factors specified in the whole and circumstances of the arguments in this case shall be determined as ordered by the court, comprehensively taking into account the following factors.

The judge's personal display

Stacker fever

Notes Governing Notes