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(영문) 인천지방법원 2016.08.25 2016고단3103
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, from around 2008, was living together with B on July 23, 2009, was a married couple who reported the marriage on July 23, 2009, and the victimized child C (D) was a child born between B and the former wife, and the victimized child and the victimized child are the mother and child.

In 209, the Defendant committed emotional abuse that harms the mental health and development of victimized children on a total of six occasions from the above date to February 015, 2015, by holding the victimized children in the Defendant’s house located in the Seo-gu Incheon apartment, on the ground that he did not properly see the urine, such as putting the victimized children on the side, toilet floor, bathing tank, etc., at the Defendant’s house located in the Seo-gu Incheon Metropolitan City E apartment. The Defendant: (a) placed the victimized children in the room; (b) placed the son’s son; (c) placed the son’s son’s son’s son; and (d) placed the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s face; and (c) placed the son’s son’s son.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of statutes governing stenographic records;

1. Article 71 (1) 2 and Article 17 subparagraph 5 of the Act on the Place of Punishment of Children and the Selection of Imprisonment with prison labor for the crime, each of the applicable provisions of the Act on the Place of Punishment of Children and the Selection of Punishment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses by Order to Attend Courses;

1. Application of the sentencing criteria [the scope of the recommended punishment] and the general criteria for the period of time and abuse: The basic area (from June to one year and six months) of the category 2 (serious abandonment and abuse) (and from one year and six months) (the scope of the final sentence due to the aggravation of multiple offenses for which no person is subject to special sentencing]: Six months to two years;

2. The defendant who was sentenced to the sentence committed each of the child abuse crimes of this case in the course of fostering the victim as the mother of the victimized child, and the degree of mental damage to the victim is considerable.

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