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(영문) 수원지방법원 안산지원 2016.03.24 2015고단4179
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal record] On August 27, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the law of the branch of child clothes (child abuse) in the support for childbirth of Suwon Friwon, and the judgment became final and conclusive on September 4 of the same year. On December 22 of the same year, the Defendant was sentenced to one year of suspension of execution for two months of imprisonment with prison labor for the same crime in the same court, and the judgment became final and conclusive on the 30th of the same month.

[2] The Defendant: (a) at the Defendant’s residence located in Ansan-si from July 24, 2014 to July 17:25, 2014, the Defendant: (b) at the Defendant’s residence located in Ansan-si, B, 5 Dong 101; and (c) without any justifiable reason, and (d) at the Defendant’s first child C (the Defendant was 9 years old); (b)

The victim D(7) who is a son with a knife inside the string of the horse, blicked about four times with the victim C’s knife, and the second son D(7) who is a son, also put the victim D's knife about four times with his knife with her head on the floor, and put the son D's knife with her head on the floor, and put the victim D's knife with his knife on one occasion with his knife, and continuously put the victim D's knife with her hand.

As a result, the defendant committed physical abuse against the victim's children that may injure their body or injure their physical health and development.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. E statements;

1. Previous records: Application of investigation reports (verification of latter concurrent crimes, confirmation during the trial, etc.), investigation reports (the pronouncement and confirmation of a case during the trial of a suspect), and Acts and subordinate statutes;

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 Criminal Facts (Selection of Imprisonment with prison labor);

1. Subsequent to Article 37 of the Criminal Act for the Handling of Concurrent Crimes: Provided, That Article 39 (1) (limited to the crimes of violation of the Local Tax Act (child abuse) and the first violation of the Local Tax Act (child abuse) entered in the judgment that became final and conclusive;

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. The reason for sentencing under Article 62(1) of the Criminal Act is the single concurrent crimes after Article 37 of the Criminal Act.

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