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(영문) 대구지방법원 서부지원 2020.05.14 2019고합250
아동학대범죄의처벌등에관한특례법위반(아동학대치사)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a father-child of the victim B (year 5) and C (year 3).

On October 27, 2019, at around 17:20 on October 27, 2019, the Defendant made a reply that the victim will continuously wrap the victim while the victim and B w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w

As a result, the Defendant assaulted the victim who is a child to commit a crime of child abuse, and thereby caused the death of the victim, such as cerebral ma from the thalopsis, at G Hospital located in Daegu-gu, Daegu-gu, where the victim was under the aftermathic treatment on October 29, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a written autopsy and appraisal);

1. Article 4 and subparagraph 4 (a) of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Act on Special Cases concerning the

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Reasons for sentencing under the main sentence of Article 29-3 (1) of the Child Welfare Act of the Employment Restriction Order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of type), arrest, detention, or abandonment of a child abuse crime; [Class 2] the Child Abuse, Bodily Injury, Death, etc. [Special Aggravation] under the Child Abuse Punishment Act; the mitigation element of the punishment (including efforts to recover damage): the mitigation area of the punishment (including the recommended area and the scope of the recommended punishment); the mitigation area; two years and six months to five years;

3. Determination of sentence: Imprisonment with prison labor for three years, and with prison labor for five years, the victims shall be healthy and healthy as relatives;

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