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(영문) 울산지방법원 2017.08.31 2017고단2285
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 the father and father of the victim B (C).

1. On May 2014, the Defendant committed physical abuse against the victim’s body or undermining physical health and development of the body by taking the victim’s knife at hand when her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or her body

2. On July 20, 2016, the Defendant: (a) aware of the fact that the victim purchased tobacco with another’s resident registration certificate at the same place as above, the Defendant: (b) expressed the victim’s desire to “sick, Kara, and human garbage”; (c) took a visit to the victim; (d) kid the victim’s knife at the bar located in Aluminum, thereby causing the victim’s knife to the knife, leaving the knife, leaving the knife, leaving the victim knife at the part; and (d) committed physical abuse that may injure the victim’

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the abused body photographs;

1. Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Uniforms Act, the selection of punishment for committing a 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 suspended execution;

1. The reason for sentencing under Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses by Ordering Attending that the Defendant, as his/her father, has a scopic motive for smoking problems of the victimized child as his/her father, he/she has inflicted an injury on the victimized child due to the use of his/her scopic sealing metal for about 50 occasions. As such, the total amount of the victimized child when 50 times the scopic salary is charged is not easy in light of the method and degree of the above physical punishment, the number of times, and the degree of infringement on the body.

However, as seen earlier, considering the motive of the crime and the statement of the victimized child, the defendant does not continuously have engaged in abuse against the victimized child, and the victimized child is currently at present.

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