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(영문) 춘천지방법원 원주지원 2018.10.30 2018고단973
아동복지법위반(아동학대)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2017, the Defendant: (a) the Victim C (12) who is an son in the process of taking away goods, such as electric charging board, in order to get his house in the dwelling located in the first city B, 407 dong 806 dong 16:20 on January 11, 2017; and (b) the Defendant brought about such goods.

“In accordance with the purport, the victim’s knife is knee on several occasions with her hand, and the victim’s face, appearance, and chest part is knee on several occasions with knee, and the victim’s face, appearance, and chest part was pushed off on several occasions, and the victim’s head, body flick, and walked on several occasions with the wall, followed the victim’s head, body flick, and walked on several occasions, and the victim suffered bodily injury, such as click, flick, tension, etc., which requires treatment for about two weeks, and at the same time, the victim committed physical abuse, which may injure the victim’s body, or which may injure physical health and development.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes on trial records;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense; Article 71 (1) 2 and subparagraph 3 of Article 17 of the Child Welfare Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case committed by the use of forceless violence on the ground that the crime of this case was committed against children who have weak difficulty in resisting the reasons for sentencing under Article 62-2 of the Criminal Act is extremely poor.

Even though mental sufferings have not yet been used for the above crimes by the victims or the wife who did not have any mental sufferings.

The defendant also confirmed that he had exercised domestic violence against his wife.

On the other hand, the victim's degree of damage is not severe, and the current situation seems that the wife or the victim's awareness of recidivism is not high as the wife or the victim raises the victim, and there is no history of criminal punishment due to the crime of violent tendency.

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