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(영문) 광주지방법원 2018.07.06 2018고단1388
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for not more than ten 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 introduction of C, which had been the subject, is the relationship between the mother E and the victim D(8).

1. On September 2017, the Defendant: (a) was at the Defendant’s dwelling place located in 16:00 on the French-gun F from 17:00 to 17:00 on September 2017; (b) was at the Defendant’s house in Mara-gun F; (c) was at the Defendant’s house in C; and (d) was at the mother’s house in C; and (c) was prevented from tending the victim on the ground that the victim (as at the

The victim abused the victim’s body when her mared with the picker tree ( approximately 30 cm in length, approximately 3-4 cm in thickness).

2. From around 17:00 on September 201 to around 18:00 on the same day, the Defendant committed an act of abusing the victim’s body by putting the victim’s hand at 13 times with a wooden machine ( approximately 30cm in length, approximately 3:4cm in thickness), on the ground that the victim (as at that time seven years of age) was faced with a lot of problems.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Each written statement E and C;

1. Stenographic records of the Chungcheong Sea Center and the application of Acts and subordinate statutes for each investigation report;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order: The instant crime is committed by the Defendant, who is a tree-sicker, by committing a crime that inflicts bodily harm on the victim by her malm, her, and her loss, with which the nature of the crime is not good and is likely to have an adverse impact on the victim’s emotional sentiments; the Defendant has the ability to be punished for the crime of violent inclination, and the Defendant has committed a cruel act against the suspect who is a child, and is under investigation and trial.

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