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(영문) 수원지방법원 안양지원 2017.09.27 2017고단480
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 and the victim B (n, 15 years old) are women.

On December 15, 2016, at the defendant's house located in 21:40 on 15, 2016, the defendant was unable to attend the school, returned late to the singing room, and returned to the house at the night, and the defendant was in custody at the house at the house during which the male-friendly implements were left at the night. (Around 45 cm in length) the victim's head and head, bucks, bucks, and arms were held.

As a result, the Defendant committed abusive acts that inflict bodily harm on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to photographs of damaged parts, violence tools and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses by Order to Attend [the scope of recommendations given in the sentencing guidelines] - The general standard for abandonment and abuse is the basic area (six months to one year and six months) (limited to the sentence] (the decision of June to one year and six months) - The unfavorable circumstances are not good for any crime committed several times under the pretext that the injured party who is a maternal father will admonish him/her. - The favorable circumstances show that the accused would be against himself/herself while recognizing the crime, and the Defendant is the first offender.

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