(A) Violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Habitually)

Bodily Injury)

(b) Child Welfare violation (Child-Care);

(c) Child welfare violations (helping and abetting child abuse);

1. A.

Housing Yangcheon-gu Seoul

Yangcheon-gu Seoul basic domicile

2.(c). C

Housing Yangcheon-gu Seoul

Busan Dong-gu, Busan

District Court Decision 201Hun-Ba45 decided May 1, 201

Attorney Park Do-young

July 22, 2016

1. Defendant A

Defendant A shall be punished by imprisonment for a period of three years and six months.

Defendant A shall be ordered to complete a child abuse treatment program for 160 hours.

2. Defendant B

Defendant B shall be punished by imprisonment for ten months.

However, the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive. Defendant B shall be ordered to attend the Child Abuse Treatment Course for 40 hours.

Criminal history room (criminal history)

Defendant A was sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint residence intrusion) at the Daejeon District Court on May 30, 2013 and completed the execution of the sentence in the Daejeon Prison on October 18, 2013.

[Criminal Facts]

Defendant A is the biological father of the victim C (the birth on February 7, 2016), and Defendant B is the biological mother of the victim.

1. Defendant A

Around April 25, 2016, at the large room of the defendant's residence located in Yangcheon-gu Seoul Metropolitan Government New-dong D, the defendant shotly divided the victim's face and shoulder part into several times with television condition on the victim's face and shoulder part, and caused the victim's bodily injury on the shoulder part of the victim. On April 27, 2016, the defendant strongly divided the victim's face and shoulder part into television condition at the same place on the victim's face and shoulder part at several times with television condition on the part of the victim's shoulder, from March 2016 to April 4, 2016, the defendant used the victim's face at the same place to put the victim's face on the part of the victim's shoulder, and divided the victim's body on the front part of the victim's shoulder, etc., to put the victim's body on the front part of the victim's face, to put the victim's body on the front part of the victim's body on the front part.

Accordingly, the defendant committed a crime of child abuse, which habitually inflicts a child victim.

2. Defendant B

(a) Child Welfare violation (child abandonment);

On April 20, 2016: (a) around 00: around 00, the Defendant appeared to have been aware of the victim who was the husband of the above residential area, and the victim was faced with the floor, but did not provide appropriate medical treatment, such as moving the victim to the hospital and moving the victim to the hospital.

Accordingly, the defendant neglected the treatment of the victim, who is a child under his protection, and neglected the treatment.

(b) Child welfare violations (helping and abetting child abuse);

around April 25, 2016, at the large room of the defendant's residence located in Yangcheon-gu Seoul Metropolitan Government New-dong D, the defendant observed that A, her husband, a television gramocon, took the face and shoulder of the victim several times, and took the face and shoulder of the victim several times by television tacon at the same place on April 27, 2016, and observed that A took the face and shoulder of the victim by taking the face and shoulder of the victim several times, and from March 2016 to April 20, the defendant left the victim's face without leaving A.

As a result, the defendant aided and abetted A to commit physical abuse that may harm the body of a victim who is a child or harm physical health and development.

Summary of Evidence

[Criminal facts] (Defendants)

1. The defendant A's partial statement

1. Defendant B’s legal statement

1. The first, second, and third examination protocol of the suspect suspect to the defendant A;

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. The statement of the defendant B in the second police interrogation protocol against the defendant A;

1. Statement of prosecutorial statement concerning Defendant B;

1. Statement of the police statement against Defendant B;

1. Defendant B’s written statement

1. A written decision on urgent ad hoc measures against Defendant A;

1. A report on investigation (Attachment of a medical certificate) and a medical certificate for C;

1. Written opinion regarding C;

1. Defendant B’s request for criminal investigation promotion;

1. Emergency records;

1. Family relation certificate (Defendant A);

1. Child victim photographs;

1. Residential photographs;

1. Human map;

【Criminal Power】 (Defendant A)

1. Previous convictions as indicated in the judgment: Criminal history records, etc., investigation reports (verification, etc. of Defendant A's criminal records), written judgments [Saj District Court Decision 2013Ma1590 (Violation of the Punishment of Violences, etc. Act (joint residence intrusion)], and personal identification and acceptance status;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Articles 6 and 2 subparag. 4 (a) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, and Article 257 (1) of the Criminal Act (a)

B. Article 71(1)2 of the Child Welfare Act, Article 17 subparag. 6 of the Child Welfare Act, Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act, Article 32(1) of the Criminal Act (a) of the same Act, Article 32(1) of the same Act, and each choice of imprisonment, respectively.

1. Aggravation of repeated crimes (Defendant A);

Article 35 of the Criminal Act

1. Mitigation and mitigation (Defendant B);

Articles 32(2) and 55(1)3 of the Criminal Act

1. Aggravation of concurrent crimes (Defendant B);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution (Defendant B);

Article 62(1) of the Criminal Act

1. Order to complete a program (defendant A) Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. An order to attend a lecture (Defendant B);

Article 62-2 of the Criminal Act and Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

1. Defendant A

(a) Scope of recommended sentences according to the sentencing criteria;

[Determination of Type] Type 2 (Special Aggravation and Abuse) (In the case of arrest, confinement, abandonment, and abuse), Type 2 (Special Aggravation) (Aggravated Punishment) [In the case of a habitual offender with a serious degree of organic abuse, it shall be limited to the case where Article 6 of the Punishment of Child Abuse Act applies)]

【Determination of the recommended Area】 Special Priority Area

[Scope of Recommendation] One year to three years

[General Aggravations] Aggravations (Aggravated Cumulative Offense)

(b) Determination of sentence;

○ Child is in a state where the right arms are cut off as a result of CT image, and both legss are cut down, and the two sides are cut off (the brain is severely high in the right side) and the bones of dynasiums have both been cut, causing bodily injury due to shock that has become repeated for a long time and the bones has already been chronicized, and the bones is hardening. Although the state of the child was caused by the instant crime, the Defendant is consistently asserting that it is difficult to understand that the above result was caused by the instant crime, and thus, there is concern for the Defendant to be sentenced to punishment.

The defendant habitually injured a child who has been born two months after he/she could not resist the use of violence without expressing his/her situation verbally, as stated in the facts of the crime in the judgment, and the possibility of criticism is high.

○ Child abuse crime is an act that infringes on the physical and mental health of a child in the developmental state, which may affect the growth and development of a child in the future, and is the potential risk of such a crime.

○ However, there is doubt as to whether the Defendant is aware of the seriousness or seriousness of the crime, and as seen earlier, the attitude in the court is also not good.

When submitting multiple objections, ○○ Defendant complained of the opportunity to become a good parent of a victimized child, but in light of the Defendant’s attitude of fostering the victimized child, it is judged that the Defendant has an opportunity to satise and reflect the seriousness of the crime committed by himself/herself through his/her prison life, and that he/she has an opportunity to satise and satise the pain of the suffering suffered by the victimized child.

As long as the Defendant committed the instant crime even during the period of repeated crime and did not choose a fine for the instant crime, the sentence of the Defendant is inevitable. It is determined that the Defendant was not subject to a fine in light of the circumstances as seen earlier.

In addition to the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the circumstances leading to the Defendant’s instant crime, circumstances after the commission of the crime, the records of the Defendant’s punishment in the past, and other various circumstances, including the Defendant’s age, character and conduct, and environment, which are the conditions for sentencing as shown in the records and arguments

2. Defendant B

(a) Scope of recommended sentences according to the sentencing criteria;

[Determination of Type] Type 2 (Serious Abandonment and Abuse) (The Determination of the recommended Area) of Arrest, Confinement, Abandonment, and Abuse

[Scope of Recommendation] Six months to one year and six months

[General person who is sentenced to punishment] Reduction element (no record of criminal punishment)

* The crime of violating the above Child Welfare Act is a concurrent crime under the former part of Article 37 of the Criminal Act with the crime of aiding and abetting the Child Welfare Act (child abuse) to which the sentencing guidelines do not apply. Thus, only the lower limit of the sentence range recommended on the sentencing guidelines for the crime of violating the above Child Welfare Act (child abuse) for which the sentencing guidelines are set shall be reflected.

(b) Determination of sentence;

○ Unfavorable Circumstances: The fact that the Defendant’s neglect and aiding and abetting the child abuse by Defendant A, thereby worsening the situation of the victimized child.

The circumstances favorable to ○: The fact that there is no particular history of punishment for the defendant, that the defendant was suffering from the exercise of violence by the defendant A, and that the defendant was suffering from his responsibility not to prevent child abuse, and that it is likely to affect other rearing of the defendant if the defendant is confined.

○ The above circumstances and the background leading up to the Defendant’s commission of the instant crime, degree and result of damage, and other various circumstances, including the Defendant’s age, character and conduct, and environment, which are the conditions for sentencing as shown in the instant records and arguments, shall be determined as ordered.

Judges Kim Jong-young -