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(영문) 인천지방법원부천지원 2020.12.08 2020고단3828
아동복지법위반(아동학대)
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father of the victim B (mama, 13 years of age).

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

At around 23:40 on July 20, 2020, the Defendant confirmed that the victim was unable to smoke in his school and received a claim from his parents that the victim was able to receive a good child education from his parents on July 20, 202, about 10 times the head of the victim was her hand and her child.

Accordingly, the defendant committed physical abuse against the victim.

Summary of Evidence

1. Statement of the police on the suspect suspect B of the defendant's interrogation statement;

1. A written statement referred to in B, a report on emergency measures, and a report on an investigation (a report on the intention of a victim and a report on a decision on ad hoc measures) in an application for non-compliance with punishment on site photographs on the 112 report processing table, respectively;

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 3 of the Child Welfare Act, the choice of punishment for an offense, and the choice of imprisonment with labor;

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

1. Article 62-2 of the Criminal Act; Article 8 (1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. Reasons for sentencing under the main sentence of Article 29-3 (1) of the Child Welfare Act of the Employment Restriction Order;

1. 양형기준에 따른 권고형량의 범위 ▷ 기본범죄(아동학대) [권고형의 범위] 유기ㆍ학대 > 제2유형(중한 유기ㆍ학대) > 감경영역(2월~1년 ) [특별양형인자] 특별감경요소: 처벌불원

2. The crime of this case in which the Defendant was found to have committed physical abuse by assaulting the victimized child during the process of drinking alcohol to the victimized child, and in particular, the circumstance, method, and result of the crime, in order for the Defendant to take the pedal for the victimized child of tobacco, it is clear mind.

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