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(영문) 대구지방법원 2017.10.26 2017고단3591
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is referred to the victimized child C(8).

1. On March 20, 2017, the Defendant committed the crime of March 20, 2017, at the Defendant’s house located in Daegu-dong D4, Daegu-gu, Daegu-gu, 2017, putting the victimized child the mother of the victimized child who was divorced by the Defendant in his/her school at his/her hand, saying that the victimized child would die in face to face with the Defendant’s knife for the reason that the victimized child’s ability to learn the victimized child was lost, and said that the victimized child would die in face to face with the Defendant.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of children.

2. The Defendant committed the crime of March 30, 2017, at around 19:00 on March 30, 2017, caused the victimized child to make a hole in the part of the buckbucks by sucking down the victim’s bucks with bucks and using plastic (30cm) on the part of the victim’s bucks.

As a result, the Defendant committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child.

Summary of Evidence

1. Partial statement of the defendant;

1. Each internal investigation report (the details of the receipt of the report, the result of an interview with the victimized child or the perpetrator of the child abuse, photographs of the parts of the victimized child's body, video recording and stenographic records with respect to the victimized child C);

1. Application of statutes by receipt of reports from specialized child protection agencies;

1. Relevant Article 71 (1) 2, Article 17 subparagraph 5 (a) of the Act on the Place of Child Welfare (the point of emotional abuse), Article 71 (1) 2, and Article 17 subparagraph 3 (the point of any physical abuse) of the Child Welfare Act, and each choice of imprisonment, with labor, for the 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. Determination on the assertion of the accused and the defense counsel under Article 62-2 of the Criminal Act, Article 8 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

1. In the case of a crime committed on March 30, 2017 among the facts charged in the instant case, the Defendant several times at a level of decoration.

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