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(영문) 부산지방법원 2008.12.4.선고 2008고단5501 판결
아동복지법위반, 폭력행위등처벌에관한법률위반(집단∙흉기등상해),상해
Cases

208 Highest 5501 A. Child Welfare Violation

(b) Violation of the Punishment of Violences, etc. Act (injury to Group, Deadly Weapons, etc.);

(c) Injury;

Defendant

1.(a)(c) A1 (66,00)

2. A. (c) A2 (63, South)

Prosecutor

South Maritime Affairs

Defense Counsel

Attorney Kim Jong-he (for the defendant)

Imposition of Judgment

December 4, 2008

Text

Defendant A1 shall be punished by imprisonment for three years and by imprisonment for two years, respectively.

Reasons

Criminal facts

On January 4, 2008, the Defendants were subject to a protective disposition for child abuse at the Busan District Court's Family Branch, but the Defendants had the record of cancelling the above protective disposition in the Busan District Court's Family Branch on June 26, 2008 by engaging the second child abuse during the probation period.

1. Defendant Al;

A. At around 18:30 on March 24, 2007, the Defendant: (a) threatened the victims who were children of the Defendant on the street in front of the Busan National University that was located in the Geumdong-gu, Busan National University, the head of the Busan National University, with the threat that “the victim 51(s), 52(s) and 52(s), who was the Defendant’s children, did not see the horses by leaving the house and going to the house.” (b) the Defendant would have been living in the Republic of Korea; and (c) once entering the Republic of Korea, they will die at the sea.”

Accordingly, the defendant committed emotional abuse that harms the development of children.

B. At around 14:00 on April 6, 2007, the Defendant, in the apartment house located in the Geumcheon-gu, Busan, for the reason that the Defendant’s child (the third and third years of age) does not listen to the Defendant’s horse, caused the victim’s telegraph to be irrecilated by bet the telegraph of the victim, thereby making it impossible to identify the number of treatment days in the telegraph of the victim, and caused the Defendant to tear the alcohol, and caused the hump to the hump and the closing frame above the right-hand luminous revitalization.

As a result, the Defendant inflicted an injury on the above V3, and at the same time, abused the child’s body.

C. On May 4, 2007, on the ground that the victim 54 (7 years of age), 52 (8 years of age), who is the defendant's child, together with the husband A2 within the jurisdiction of the defendant, was not able to hear the defendant's horse, the defendant tried to rescue the victims' telegraph from the death cost, loss, and accident, and led the victims to a multiple number of days of treatment to the victims.

Accordingly, in collusion with the above A2, the Defendant inflicted an injury on the above V4 and V2, and at the same time, abused a child’s body.

In addition, from February 2, 2007 to May 2007, the Defendant conspired with A2 who was the husband of the apartment house and the gold-gu in Busan, which was the Defendant’s residence, in collusion with the Defendant, or the Defendant’s sole purchase of the above V1, V2, V4, and V3, each of which was the her children two to three times a week, and caused the injury to the above V2 and the above V3, and at the same time, abused the body of the child, and abused the child, which was detrimental to the development of the child.

D. Around 11:00 on May 16, 2008, the Defendant, at the apartment house’s house located in Yangsan-si, caused the victim 53 (the victim 5 years of age 4) who is the Defendant’s child in the Defendant’s living room, to 7 times the Defendant’s arms and legs using a knife for the kitchen, which is a dangerous object on the ground that he did not reflect his mistake.

As a result, the Defendant used dangerous articles to put up approximately seven days of treatment to the right side, to the right side, and at the same time abused a child's body.

E. At around 14:00 on June 7, 2008, the Defendant, in the apartment house located in the Geumcheon-gu Busan Metropolitan City, provided that the victim 53, who is the Defendant’s child, had expressed that he would promptly die, on the ground that he reported the above C, at C’s house inside the house where the Defendant was sick, the Defendant got about seven times off the part of the victim’s processed senses by gathering the sens, which was a dangerous object. Accordingly, the Defendant, using dangerous articles, abused the victim by taking about 10 days of treatment and at the same time, abused the victim’s body.

2. Defendant A2

On May 4, 2007, the defendant conspired with the wife A1, who is in the jurisdiction of the defendant in Geumcheon-gu, Busan, the defendant, and on the ground that the victim 54 and 52, who is the defendant's child, did not listen to the defendant's horses, and caused the victims to be dead expenses, losses, and the transfer of the victims by the accident, and caused the victims to have multiple eculations in the treatment days.

Accordingly, in collusion with the above A1, the Defendant inflicted an injury on the above V4 and V2, and at the same time, abused a child’s body.

In addition, from February 1, 2007 to May 2007, the Defendant conspired with A1, who is a wife in the Simpo-gu of Busan, which was the Defendant’s residence, or committed the above injury to the above V2 and the above V3, and at the same time, the Defendant committed an abuse that damages the child’s body at the same time, in collusion with the above V1, V2, V4 and V3, who was the Defendant’s own children at least two to three times a week.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant Al: Article 40 subparag. 2, Article 29 subparag. 1, and 3 of the Child Welfare Act, Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1), and Article 30 of the Criminal Act;

B. Defendant A2: Article 40 subparag. 2, Article 29 subparag. 1 and 3 of the Child Welfare Act, Article 257(1) of the Criminal Act, Article 30 of the Criminal Act

2. Competition;

Articles 40 and 50 of the Criminal Code [Mutual Crimes of Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily A] Articles 40 and 50

3. Selection of punishment;

Defendant A1’s decision to punish the remaining crimes of the Defendants except for the crimes of violation of the Punishment of Violences, etc. Act (a collective injury, a deadly weapon, etc.)

4. Aggravation for concurrent crimes; and

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Judges

Applicable Mutatis Mutandis to judge gambling

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