Violation of the Punishment of Violences, etc. Act (Habitual Injury)

1. A;

2. B

Clerks (prosecutions, public trials)

1. Attorneys Lee Jong-soo in charge of law enforcement officer's title;

2. The display of attorneys-at-law;

June 11, 2014

Defendant A shall be punished by imprisonment for two years, and imprisonment for one year and six months, respectively.

However, with respect to Defendant B, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Facts of crime

Defendant A is the father of the victim, and Defendant A is the mother of the victim. Defendant B is the mother of the victim.

1. Defendant A

Defendant,

(a) A defendant in Yongsan-gu Seoul Metropolitan Government, who is a policeman on April 4, 201, a policeman on July 201, a policeman on October 201, or a defendant in Yongsan-gu, Seoul.

From the office of the victim (at the time between 10 and 11) the victim (at the age of 10), was unable to take a test well, and is protruding out to the victim.

the victim's her her her her her her her her her her her her her her her her her her her her m;

(b) Damage caused by the victim (the 10 years of age at the time) in the place above the police officer on August 201, 201 on the ground that he/she deemed a cartoon book.

Along to the victim, the victim's her tamp with his her arm's length, her tamp with a golf bond, and the victim

10 times with golf loans 10 times with the arms of the injured party;

(c) On September 201, 201, the victim followed and mood from B at the place above, while serving as a patrolman.

Then, the victim's tamp, head, arms, and c, with the victim's tamp, after unfolding the victim up to the right angle.

Li, etc. are about 10 times with golf bonds;

D. On October 201, 201, a victim (the age of 11 at that time) at the place above was “B” and “the summary of the thickness to be followed later.”

on the ground that the victim was able to wear the breasts of the victim with both fingers, and the victim was able to wear them;

(e) On October 10, 201, the victim took money at the above place while making a false statement with no consent of the victim.

Madern her m, etc., 5 to 6 times her mar, etc.;

(f) Damage on the ground that the victim was not deemed to have performed a test at the above place on April 2012, 201.

20 times the victim’s her her tock with his her her her her tock, after having his her her tock unfolded up to his her right angle;

(g) Damage on the ground that the victim was not deemed to have performed a test at the above place on July 2012, 201;

15 times the victim’s her tock with his her her her tock, after making it unfolded to the person, and then the victim’s her tock with his her tock;

(h) A victim on September 8, 2012 on the ground that the victim was unable to see the test at the above place;

A victim who had his her her tock unfolded out to the right angle, and then expressed his her tock to the right tock of the victim in the number of the victim.

Having been at least 2 weeks of treatment, but not limited to her mar, etc.;

(i) Around September 17, 2012, the victim was unable to properly resolve the problem of a middle school at a private teaching institute;

The victim, on the ground that he had been found to have been unfolded and unfolded into the victim, and then the victim's her tamp with his her mar.

A week for the victim of the vehicle, who is walking side interest, buckbucks, etc. of the victim at several times, and walked by a bucks, etc.

1000000000000000000

(j) On October 2012, 2012, the issue of middle school at a private teaching institute by a victim (the age of 12 at that time) in the said place;

the victim's face may be taken in a number of times as drinking because he/she was not unfased, and money made in a tree

broom brooms the number of victims brooms;

(k) Damage on February 12, 2013: on the grounds that the victim did not have a driving school at the above location around 30:

Victims who have her butt, her floor, etc. several times with her butt, her butt, etc., with her or her butd her together with her or her butd her or less.

approximately one week medical treatment for the victim when the head, scin, shoulder, leg, etc. of the victim are raised up to a number of golf bonds.

necessary multi-locking boxes, etc.;

(c) On February 28, 2013: (a) around 00 Gyeong-si, Gyeong-si, ** the victim left his house in front of the road.

The victim's tamping out to the victim on the ground that the victim does not return to the house, and later his her traw

And the victim's face shall be taken at one time, respectively, and the defendant's driver's face shall continue to be taken at the back of the passenger's car.

Damage caused by drinking 3 times to drink, and the damage caused by drinking 5 times to the victim, etc. of the victim.

Hashes the base of the base of the lower part of both sides of which treatment is required for about two weeks, and the base of the upper part of the upper part of the upper part of the lower part.

was.

Accordingly, the defendant habitually injured the victim.

2. Defendant B

Defendant,

(a) On August 201, 201, the number of victims (ten years of age at the time) at the defendant's house located in Yongsan-gu Seoul Haman (Seoul Haman)

on the ground that it is false that the victim's maritha was treated as a maritha even without Eul, the victim's maritha

Dr. For about 10 times, 10 times,

(b) The victim on the ground that the victim did not study at the above place on September 201, 201 as a police officer;

Mad Mad Mad Mad Mad Mad Mad Madh,

(c) Police Officers on October 201, 201, who have received a return of the first class of the victim (the age of 11 at the time) from a school at the same place.

The victim's pathal and pathal tymar are false, and the victim's pathal tymar is humd orally;

As the victim was unable to occur, until the victim's buckbucks are sucked orally.

Congress, as the case may be,

D. On November 201, 201, on the ground that the victim did not have a driving school at the place above, the victim was a victim.

The head, arms, bridges, etc. are on several occasions with death;

(e) On November 21, 2012: at least 00, the victim (at that time 12 years of age) is in English and Chinese language cancer at the above location.

When, on the ground that the victim was not properly able to do so, the victim's spawres are several times due to tree clothes, bamboo, etc.

If the victim was unable to take place, then the victim may take part in several times by the same method as the buckbucks.

approximately 2 weeks’ treatment is required for a broad area of a bridge in need of treatment;

(f) On February 10, 2013: around 30, 2013: (a) around 19:30, the victim was staying her home at the above place; and (b) the victim was late.

To be towed by the victim's room, locking out the visit, and then the victim's magia, scare, knee, arms

Vinyl tape, etc. was reduced at a number of times in the wooden bar.

Accordingly, the defendant habitually injured the victim.

Summary of Evidence

1. Defendants’ partial statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of witness by the prosecutor, public prosecutor, and expert concerning 00;

1. Statement of suspect interrogation against the Defendants

1. 00, fixed * Statement of Police against A

1. A written opinion of a defense counsel (in the form of money, 00);

1. A complaint;

1. Bodily damaged photo;

1. A written diagnosis of injury;

1. Habituality of judgment: Each method of crime, frequency of crime, the same kind of crime, and the same kind of crime, prior to the punishment;

In light of military force, etc., Article 2 (1) of the Punishment of Violences, etc. Act (hereinafter referred to as "Act on the Punishment of Violences, etc.") shall be applied.

habitual means only habituality between each of the crimes listed in the subparagraphs of the same paragraph;

(2) An act of violence, including all acts listed in any of the subparagraphs of the same paragraph;

As such, a person with such habitive walls is subject to each subparagraph of Article 2(1) of the Exposure Act.

(1) If each of the following offences has been committed, each of such offences shall be deemed to have been committed:

The most severe statutory penalty constitutes a blanket crime of habitual violence (Supreme Court Decision 2008Da17488 Decided August 17, 2012)

2012Do6815, etc.)

Application of Statutes

1. Relevant Act on Criminal Facts (the Defendants)

Comprehensively, Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act

1. Discretionary mitigation (to consider the defendants' favorable sentencing data among the reasons for sentencing as follows)

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution (Defendant B);

Article 62(1) of the Criminal Act

Reasons for sentencing

1. The scope of the recommended sentencing guidelines for the Defendants

[Scope of Recommendation Form]

The basic area of habitual injury and special injury resulting from repeated injury (a habitual injury and special injury resulting from repeated injury) in Category 1 (2).

From 4 years to 4 years)

[Aggravated Punishment (Aggravation)]

1) Minor injury / Victims vulnerable to crimes 2)

2. Determination of sentence;

A. Defendant A

(1) The Defendant asserts that the Defendant would have committed such an act at the Plaintiff’s land level with respect to the victim.

However, the method, background, result, period, frequency, time of assault, etc. of the defendant of this case

In light of the social norms, the act of recording the crime of this case was conducted in a manner that affected the discipline.

It is extremely difficult to see that the child abuse constitutes a habitual child abuse. Rather, it is reasonable to see that the child abuse constitutes a habitual child abuse.

(c)

(2) and as such, an excessive company which is habitually unconformity with the principles of the parent’s assessment of decentralization.

Punishment and abuse are merely to satisfy the sense of decentralization of parents, and to gather the character of a child.

and is capable of being a great power to support and grow themselves even if they become adults.

Along with the loss of self-esteem of such person, it is nothing more than a matter of that person's responsibility to commit a crime.

(3) In addition, it is difficult to resist and escape from any excessive physical punishment and abuse that are habitually imposed on the parenting children of the parents.

In that it is a continuous crime against a victim who has almost little ability, it is highly punished; and

In the child entry place, the parent, the sole existence of which is trust and legal principles, rather habitually, has been ever committed.

in this respect, parents and adults can give a large shock and fear to children, and in the course of their growth, society:

The quality of the crime cannot be considered to be light in that it can cause the loss of trust.

(4) In addition to taking into account the above points, Defendant A uses a sadton loan, golf loan, etc.

In addition to assaulting and harming the piracy, damage by making use of drinking and spawn as the case may be.

Violence tendency is very high, such as committing a non-discriminatory assault or injury to a person (the foregoing evidence)

According to the records, the defendant recognized the fact that he assaulted the victim even around May 2013 during the investigation process of this case.

(C) A child, who is a victim, has habitually committed violence and has been injured for a long time.

the victim's father and mother wanting to punish the defendant, and the victim also contributed to the defendant.

The defendant A cannot be exempted from punishment in light of the fact that he shows Manasty and Manasty.

(5) On the other hand, a person who has no record of punishment heavier than that of the same kind to Defendant A, and is in progress of the trial.

Recognizing that the new discipline method was wrong, the victim has taken an attitude to reflect it.

At present, there seems to be no physical symptoms due to the Defendant’s assault or injury, and damage therefrom.

The fact that a person appears to be in physical and emotional stability, and that he/she can be found to have committed the crime

The order division taking into account all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as office, frequency, method, result, etc.

The punishment shall be determined as such.

B. Defendant B

In the case of Defendant B, as seen in the decision-making process of the sentence against Defendant A

in light of the method, background, result, frequency, etc. of the injury or assault against the victim of the second person B

It cannot be deemed that the act stated in the crime of this case was conducted in the manner of social norms;

The foregoing paragraph (2) (3) also applies to the above defendant, and the method of committing the crime.

In the light of the results, the quality of crime is not easy.

However, Defendant B is prone and against most part of the facts charged in this case, and is currently a pair of balls.

This is pregnant to the extent of 19 weeks of pregnancy, and the above defendant has the same status as or higher than that of the above defendant.

It has no record of punishment, and the physical degree of physical injury of the victim due to the above defendant's act is significantly heavy.

The sentencing prescribed in Article 51 of the Criminal Act, such as the fact, frequency, method, result, etc. of the crime by the defendant;

The punishment shall be determined in the same manner as the order, taking into account all the conditions of the subparagraph.

Judges Lee Young-young

1) In the sentencing guidelines, the treatment period is not more than two weeks, with partial injury and with no great impediment to daily life, and recovery;

For the purpose of this, it is defined as minor injury that does not require special medical treatment, such as dypology surgery.

2) At the time of committing the crime, the victim was vulnerable to the crime due to the body, mental disability, age, etc., and the Defendant knew or could have known such circumstances.

(2) means the case in which the

3) The victim stated at an investigative agency that one hour time has elapsed when the victim was assaulted by the defendant A at the time, and that the victim has taken a large amount of time.

Considering that it was difficult to state accurate time when considering the age of the person, considerable time has been required for each assault.

section 26(3) of this title.