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(영문) 부산지방법원 2017.12.18 2017고단2689
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

No one shall commit any physical abuse against a child that may injure his/her body or injure physical health and development. However, from around 00 to around 03:00 on March 31, 2017, the Defendant continued to conduct the practical examination at the Defendant’s residence located in Busan Dong-gu C, on the ground that the victim D (V, 9 years old) who is his/her own child was under practical examination at the school of this case, and the Defendant continued to do so. The Defendant should have the victim find out that he/she died any more than once, with the victim’s disease. In addition, as the result of the outbreak of weather, the Defendant expressed the victim’s complaint against the victimized child, expressed the victim’s head, side fright, bucks, buckbucks, etc. at the same time, brought about the victim’s body at the same time as the victim’s body was damaged, and continued to have the victim’s body at the same time, and made the victim’s body at the same time with the victim’s thum and buck.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes to the victim's photograph and diagnosis report;

1. Article 257 (1) of the Criminal Act (the point of harm), Article 71 (1) 2, and subparagraph 3 of Article 17 of the Child Welfare Act (the point of physical abuse against a child) concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury).

3. Selection of sentence of alternative imprisonment;

4. Article 62(1) of the Criminal Code of the Suspension of Execution (in light of the fact that the injury of the victimized child is serious, and that the method of commission of crime is also poor, the liability for the crime is not weak;

However, in light of the records, there was no habitually child abuse, and contingently resulting in the crime of this case, and a depth of the crime of this case is divided, and a fine is imposed once.

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