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(영문) 부산지방법원 2015.07.23 2015고단2702
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for six 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

On September 20, 2010, the Defendant married with D, the father of the victimized child, and divorced on August 30, 2012. On September 20, 2010, the Defendant considered that the cause of the failure of the marital life was D and the victimized child, such as the obligation of the Defendant, which occurred during the ordinary marital life.

1. 피고인은 2011. 일자불상 여름경 부산 연제구 E에 있는 자신의 집에서 특별한 이유 없이 가방정리를 하고 책상 앞에 앉아있는 피해아동의 안경을 벗겨 집어 던진 다음 손으로 피해아동의 머리와 빰을 수회 때리고 피해아동을 향해 수저통을 던지고 유리컵을 던져 피해아동의 발목에 맞게 하였다.

2. On October 24, 2013, around 16:30 on October 24, 2013, the Defendant discovered a child victim on the alleyway near the Gyeongnam apartment located in the Gyeongnam apartment located in the 3-dong Doodong-gu, Busan, and performed a bath for “Bara” on the floor by cutting down the head of the child victim’s hair with his hand.

3. On June 2, 2014, at around 12:20, the Defendant discovered a child victim in Gmaart located in Grangu F in Busan, and followed by the Defendant, the Defendant was imprisoned on the head of the child victim, thereby making him/her flick in the Marart display pole, thereby harshing the head of the child.

As a result, the defendant committed physical abuse such as impairing the body of the victimized child, and at the same time committed emotional abuse that harms the mental health and development of the victimized child.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. C Complaints;

1. stenographic records of the Busan saw Support Center;

1. Application of Acts and subordinate statutes to each investigation report (No. 6,26 No. 136);

1. Article 71 (1) 2, Article 17 subparagraph 3 (a) of the Child Welfare Act, Article 71 (1) 2, and Article 17 subparagraph 5 (a) of the Child Welfare Act, respectively, concerning facts constituting an offense;

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

1. Selection of penalty;

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