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(영문) 인천지방법원 부천지원 2017.09.19 2017고단1334
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for not less than eight 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

It is between the defendant and the victim C (five years of age).

The Defendant, on May 7, 2017, when he lacks the ability to discern things or make decisions due to the Cho-man, the Defendant, on May 7, 2017, caused the victim, who was on board the knish in the main apartment in Chuncheon 237, without any reason, to be able to distinguish things from things or make decisions. The Defendant, on May 7, 2017, knicked the victim’s left side.

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. Written statements of D;

1. A criminal investigation report (Attachment to CCTV images at the scene of occurrence), and a criminal investigation report (Attachment to photographs of crimes A of the suspect);

1. Application of Acts and subordinate statutes governing recording records;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The degree of assault is not minor, the victim's age is 5 years old, the victim's considerable shock is expected to have been achieved due to the instant crime, the circumstances that have been punished for the same type of crime two favorable circumstances: recognition of and reflect on the crime, the fact that the defendant's guardian appears to have committed the crime in a mental and physical weak condition, the fact that the defendant's guardian is likely to prevent recidivism through future mental treatment, etc., and other various conditions of sentencing specified in the records and arguments, such as the background of the crime, the circumstances after the crime, etc., shall be comprehensively determined as the sentence as ordered.

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