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(영문) 대구지방법원 서부지원 2014.01.28 2013고단739
아동복지법위반
Text

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

except that 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 father of the victim C(10 years of age).

1. On March 3, 2013, the Defendant: (a) around 05:00 on March 3, 2013, at the Defendant’s residence located in Daegu-gu, Daegu-gu, on the grounds that the victim did not locked up the new wall and carried out computer games; (b) on the same hand, the Defendant collected a network of wooden dusts on the new site; (c) on the part of the wooden dust, approximately 20 glass the victim’s end interest; and (d) on the part of the tree dust, the victim was walking up to walk up, and caused the victim’s injury that could not know the number of treatment days.

As a result, the Defendant committed abusive acts that inflict bodily harm on the child.

2. The Defendant, at around 22:00 on March 4, 2013, at the same place as Paragraph (1) on the ground that the victim was using another computer, sent the victim a brush with the hand floor of the victim several times, opened a brush, and opened a brush, and caused the victim to leave the house by stating that “the brue is not an inner organ,” and “the brue is not an inner organ.”

As a result, the Defendant committed abusive acts that inflict bodily harm on the child and emotional abuse that may injure the mental health and development of the child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. A president of the F;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to Suspect family relations documents);

1. Article 71(1)2 of the Child Welfare Act and Article 17 subparag. 3 of the same Act (a point of abuse that causes damage to the body of each child and choice of each imprisonment), Article 71(1)2 of the Child Welfare Act, and Article 17 subparag. 5 of the same Act (a point of emotional abuse that causes damage to the mental health and development of a child, and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. As to the assertion of the Defendant and his defense counsel under Article 62(1) of the Criminal Act, the Defendant alleged that he was in a state of mental disability due to the shock disorder at the time of the instant crime, this case’s records are examined.

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