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(영문) 제주지방법원 2016.01.29 2015고정1033
아동복지법위반(아동학대)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From February 2015, the Defendant was the victim C (six years of age, South)’s mother living together with D her mother, from around February 2015.

5. up to 3. In Jeju, in E, the victim was able to live together with the victim, such as leading the victim to study.

1. From around 15:00 to around 17:00 on March 2015, the Defendant, on the ground that the victim, in Jeju City E, took a bath to the external steering F (57 taxes) and took a false speech, committed an act that has caused the brush, thereby abusing the victim’s hand room at one time, on the ground that the victim’s bruth was humbed.

2. From 15:00 to 17:00 to 17:00, the Defendant physically abused the victim by putting the victim’s hand floor of the victim one time due to the 쇠 clothes, on the ground that the victim did not comply with the promise and made a false statement at the same place as “A” before the early 2015.

3. 피고인은 2015. 4. 중순경 저녁시간에 전 ‘ 가’ 항과 같은 장소에서 피해자가 거짓말을 한다는 이유로 마늘을 빻을 때 사용하는 나무 절구로 피해자의 엉덩이를 3회 때려 엉덩이에 멍이 들게 하는 등 피해자를 신체적으로 학대하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of statutes governing stenographic records;

1. Article 71 (1) 2 and Article 17 subparagraph 3 of the Act on the Punishment of Children and Child Uniforms and the Selection of Fines concerning the facts constituting an offense;

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. Pronouncement of a suspended sentence under Article 59(1) of the Criminal Act (the fact of the crime, the fact that the mother of the victimized child is recognized, the mother of the victimized child does not want the punishment against the accused, the primary crime, the relationship between the accused and the victimized child, the motive and circumstances leading to the instant crime, and the conditions before and after the instant crime): A fine of KRW 1,00,000 (the detention in a workhouse of KRW 1,00,000 per day);

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