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(영문) 울산지방법원 2016.04.08 2016고합40
특수상해등
Text

Defendant shall be punished by imprisonment for a term of one year and six 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 is the guardian of the victimized child C(14) as the father and father of the victimized child C(14).

No person shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development.

Nevertheless, on January 13, 2016, the Defendant prepared food materials, which are preparations for the camp of the victimized child E, with the victimized child, at the Defendant’s residence located in Ulsan-gu, Ulsan-gu around 22:0 on January 13, 2016, at around 22:0, when the victimized child was in preparation for food materials, which is a material prepared for the camp of the victimized child E, with the victimized child, he/she was aware that the victimized child did not take a school boom, and knife (28cm in total length, 15cm in length on a knife) with a food knife (1 knife) that is a dangerous material that the victimized child was in possession of, and was in possession of, the victimized child’s right left left part of the victimized child, and that part of the back buckbbbb

As a result, the Defendant carried dangerous articles with the victim about three weeks of medical treatment, and at the same time abused the victim's body, thereby causing physical harm to the victim's body or undermining physical health and development.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of C;

1. A protocol of seizure and a list of seizure;

1. Photographs of seized articles;

1. The body part of the victim's body and on-site photographs;

1. Each investigation report (with respect to attachment of a counter diagnosis report, hearing of statements by the director of the victimized child's telephone);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) (a special injury) of the Criminal Act related to the facts constituting an offense; Articles 71 (1) 2 and 17 subparagraph 3 (a point of a child school representative) of the Child Welfare Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a special injury heavier than that of the punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. An act of abuse against a child with reasons for sentencing under Article 48(1)1 of the Criminal Act is growing.

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