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(영문) 창원지방법원 진주지원 2016.02.19 2015고단1152
아동복지법위반(아동학대)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a father of the victim B (n, 8 years of age), and the defendant's residence on March 14, 2015, located in Sacheon-si C Apartment 101 Dong 1503, Dong 1503, in a ward under the influence of alcohol, has a urine on the floor of the defendant.

The parts of the victim, etc., faced with the toy, and the body of the victim, the body of the victim, the blick of the victim, the blick of the victim, the blick of the victim, and the blick of the victim at least four times with the hand floor.

As a result, the Defendant committed physical abuse that may harm the body of a child victim or harm the health and development of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Stenographic records;

1. Application of each statute on photographs;

1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 3 of the Act on the Place of Punishment for Children and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of Article 8(1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes committed by the Defendant on the grounds of the sentencing of Articles 8(1) and (3) of the Act on Special Cases concerning the Protection, Observation, and the Punishment, etc. of Child Abuse by Order to Attend, the Defendant committed physical abuse against the victim, despite his/her duty to rear and care for the victim as the parents of the victim. Child abuse is an act infringing on the physical and mental health of a child under psychological and physical development, which may have a fatal effect on the growth and development of the victimized child in the future, and its potential risk is considerable, and thus

However, the fact that the defendant reflects his/her crime, the victim's friendship does not want the punishment of the defendant, the defendant does not have the record of the crime against his/her own child, and the fact that there is no record of punishment for his/her child, etc. are considered as favorable circumstances to the defendant, and the records of this case and the theory of changes, such as age and sexual behavior, are revealed.

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