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(영문) 울산지방법원 2015.01.16 2014고단3341
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On Jan. 14, 200, the Defendant reported marriage with C on Jan. 14, 200, followed children D and victim E (at the time of 10 years of age) and had parental authority and right of custody over the victim by agreement divorce around 2007, but upon C’s request, the Defendant was living together with the victim at the Defendant’s home located in Ulsan-gu F.

At around 08:00 on October 1, 2013, the Defendant, at the above location on the ground that the victim had an on-site experience study at the school, and did not talk to the Defendant on the preceding day, committed an act of abuse, such as the victim’s left arms and the part of the left buckbuck area, which caused the victim’s treatment days not to know, such as the number of days off to five times, and at the same time, abused the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and C;

1. A victim Ethic photo;

1. Application of the case summary reply statute

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts, Article 71 (1) 2 and subparagraph 3 of Article 17 of the Child Welfare Act (a point of child abuse);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (Scope of Recommendation) is the basic area (special mitigation (special mitigation) (special mitigation (special mitigation)) / Insignificant injury (special mitigation) / The defendant, who is vulnerable to the crime, committed a physical abuse against the victim, rather than the defendant who is in a position to protect the victim (decision of sentence / The defendant, who is in a position to protect the victim, committed a physical abuse act against the victim, and that the victimized child and her mother are expected to receive a considerable mental impulse due to the defendant's abuse is the factor for sentencing disadvantageous to the defendant.

The fact that the defendant is waiting for committing a crime, the defendant has no criminal records of the same kind, the defendant seems to have occurred in the course of punishing the victimized child, and the victimized child currently does not reside together with the defendant.

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