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(영문) 울산지방법원 2018.05.31 2018고단594
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for 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

1. On June 26, 2017, the Defendant abused 21:00 children on the ground that the victimized person was using water while cleaning at the ward around June 26, 2017, around 21:00, while the victimized person was bringing up the victimized child under the 306-dong 108, Ulsan-gu Da apartment house 306-dong 108, the Defendant, a child victim, as the father-child of the victimized Party C (16) who was a child, on the ground that the victimized person was using water while cleaning at the ward around June 26, 2017.

When flaging the victim's hair, neck, arms, etc. into a flag, etc. with a flag, such as a flag and a flag, the victim was cruel on the flag of the victim's head, and the victim was flaged on the flag, flag, shoulder, arms, belbow, hand, etc.

2. Around June 29, 2017: (a) around 22:00 on June 29, 2017, the Defendant abused a child: (b) on the ground that, in the room of the above victim, at around 22:00 on June 29, 2017, the victim was sleep as described in paragraph (1) and did not return home to the victim for three days after the victim went home.

The center said that the center should be able to say, while flicking the victim's head, neck, arms, etc. into a flive dog, flicking the victim's head, the victim's head, flick, shoulder, arms, belbs, hand, etc. were cruel on the whole head of the victim's head, and flicked the left part.

As a result, the defendant committed a physical abuse that causes damage to the body of the victim who is a child and harms the health and development of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of the photographic Acts and subordinate statutes;

1. Article 71 (1) 2 and subparagraph 3 of Article 17 of the Act on the Place of Child Uniforms under the relevant Act concerning facts constituting an offense / [Selection of imprisonment]

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The reason for sentencing of Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes by Order to Attend is recognized as having used violence on two occasions against a child who is the child, but its degree is relatively minor, its depth is divided after committing the crime, and its relation is recovered with the child.

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