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(영문) 대구지방법원 2018.10.12 2018고합385
아동학대범죄의처벌등에관한특례법위반(아동학대치사)등
Text

A defendant shall be punished by imprisonment for six years.

To order the defendant to complete a child abuse treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is the father of the victimized child B (son, 2 years of age), the victimized child C (five months after the birth at the time of death).

1. A victimized child C was born as a baby on January 11, 2017 and was hospitalized at a hospital on the ground that he/she was hospitalized in around January 2, 2017, and was discharged on June 2, 2017, and was under hospital treatment.

피고인은 2017. 6. 18. 오전 경 대구 북구 E 건물 F 호에 있는 주거지에서, 아내인 G과 다투던 중 피해 아동이 울고 보챈다는 이유로 손으로 피해 아동의 등을 강하게 1회 가격하고, 피해 아동을 엎드린 자세가 되도록 침대 위에 엎어 놓았다.

피해 아동은 그 즉시 울음을 멈추고 입술이 파랗게 질리는 등 호흡이 없어 대구 동구 H에 있는 I 병원 응급실로 후송되어 치료를 받던 중, 2017. 6. 23. 05:23 경 폐부 종 등으로 사망하였다.

As a result, the Defendant committed physical abuse that causes bodily harm to the victimized child, thereby causing the death of the victimized child.

2. Violation of the Child Reinstatement Act (child abuse);

A. On May 7, 2018, the Defendant: (a) around May 7, 2018, around May 7, 2018, at the Defendant’s residence located in JJ building K located in Daegu Northern-gu, Daegu-gu; (b) caused the victimized child’s damages to be caused by his/her hand on the ground that the victimized child B sleeps and sleeps without hearing the horses; and (c) caused the damaged child’s sleep, tack, and bucks.

As a result, the Defendant committed physical abuse that causes bodily harm to the victimized child.

B. On May 13, 2018, the Defendant committed the crime at around May 13, 2018, at around 14:00 the Defendant’s residence located in the Defendant’s building JK of the Daegu Northern-gu building, Daegu-gu, Daegu-gu, Seoul-gu, when the head of the victimized child was at one time due to the Defendant’s fault on the grounds that the victimized child B had the Defendant’s awareness.

Accordingly, the Defendant committed physical abuse that may harm the physical health and development of victimized children.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officer in G;

1. Each of L, M, N,O, P, and G.

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