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(영문) 울산지방법원 2015.02.05 2014고단3919
아동복지법위반(아동학대)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the mother of the victim B (n, 7 years of age).

On October 7, 2014, the Defendant, at the residence of the Defendant in the Ulsan-gun apartment in Ulsan-gun, Ulsan-gun, around 2014, when the head of the Victim, who was boomed in the toilet for the purpose of preparing for attending school on the ground that the Victim’s Do (7 years of age) was bullying, who was the son and son and son and son and son(7 years of age) who was the victim attending the same school at the same school and that he was bullying.

As a result, the defendant abused the victim's body by using his/her fingers and fingers whose number of days of treatment can not be known, and thereby harming the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. B’s statement and record;

1. Each report on internal investigation:

1. A copy of the list of basic child surveys (B) and a family relation certificate;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

1. Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Welfare Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to attend a probation and attend a lecture, Article 62-2 of the Criminal Act, Article 8(2) and Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, shall be selected to be sentenced to imprisonment, on the ground that it cannot be deemed that the age of the victimized child for the reason of sentencing is still poor

However, according to the victim's public defender's interview data, the execution of punishment shall be suspended in consideration of the fact that the victimized child and the defendant appear to have a ties, that the defendant stated that the victimized child would be good if he/she is not married, that the defendant would not repeat again, and that the defendant should not repeat again, but the punishment should be imposed to prevent recidivism for a certain period of time.

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