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(영문) 의정부지방법원 고양지원 2019.11.27 2019고단979
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father and mother of the victim B (the age of nine).

1. On July 19, 2018, the Defendant committed a crime on July 11, 2018, and around 11:00 on July 19, 2018, the Defendant committed a physical abuse of the victim’s right-to-kick arms, thereby undermining the physical health and development of the body.

2. Around July 27, 2018, the Defendant committed a physical abuse that, around July 27, 2018, damages to a child’s body, including physical abuse that, on the ground that the victim was tending a horse at the E apartment and F residential areas of Pakistan-si, Pakistan-si, and on the ground that the victim was tending a horse, the victim’s bridge was taken twice, and the head of the victim was knifeed, thereby impairing the child’s body, health, and development.

3. On August 17, 2018, the Defendant committed a crime at around 16:50 on August 17, 2018, and around 16:50 on August 17, 2018, at the same place as Paragraph (2) and paragraph (2) of the same Article, the Defendant committed physical abuse against a child, such as impairing the victim’s body or impairing physical health and development, by cutting the victim’s chest back at hand.

Summary of Evidence

1. A protocol concerning the examination of suspect of the accused (No. 10);

1. Protocol of each police statement concerning B;

1. B written statements;

1. Child victim photographs;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes on voluntary reports;

1. Relevant Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act (the occupation of physical child abuse) concerning facts constituting an offense, the choice of punishment, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse Crimes is that the defendant committed the crime against the victimized child; the motive leading to the crime; the victimized child does not want to be punished; the victimized child; the victimized child is well seen; and the defendant's age, character and conduct; the environment; and the victimized child is after the crime.

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