(영문) 광주지방법원 목포지원 2018.10.12 2018고단264

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(영문) 광주지방법원 목포지원 2018.10.12 2018고단264

아동복지법위반(아동학대)

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has a duty to protect, rear and educate the victim as a family member because the victim C(12) was visiting the house of the victim and living together with his family members after a day.

around 23:00 on June 10, 2017, the Defendant: (a) received a request from the mother D of the victim to “C this house; (b) changed the victim’s house; (c) taken the victim’s house outside of the area to find the victim; and (d) took the victim’s house on June 11, 2017; and (c) taken the victim’s house inside the inside of the victim located in Mapo-si E, for the reason that the victim got home to take away from the victim’s cell phone to take away from the victim’s house in Mapo-si to the victim’s house, on the ground that the victim got home without being divided, she took a bath view, such as “I am going back to the victim so far as I do so,” and (d) taken a large sick (1m 30 cm in length) when the victim’s head head can take back to the victim’s house, and (d) taken the body of the victim’s body more than one stop.

The Defendant continued to do plastic boom(30 mm in length) and tree boom(60 mm in length). The Defendant sicked the victim’s booms and booms, and boomed the victim’s face, head, and chests on a hand.

As a result, the defendant committed physical abuse that causes bodily harm to the victim who is a child.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Application of the Acts and subordinate statutes governing damaged photographs and bamboo photographs;

1. Relevant Article of the Act and Article 71 (1) 2 and subparagraph 3 of Article 17 of the Act on the Place of Child’s Reinstatement of Punishment for the Crime (Selection of Imprisonment with prison labor);

1. The reasons for sentencing under Article 62(1) of the Criminal Code suspending the suspension of enforcement are the time when the defendant committed the crime, and the victim does not want the punishment against the defendant, taking into account all the conditions of sentencing as shown in the argument of this case, such as the age, sex, environment, etc. of the defendant.

참조조문

-형법 제62조 제1항

유사 판례

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