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(영문) 수원지방법원 2020.04.23 2019고단8298
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for not less than eight 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 victimized child B ( South and 11 years of age).

At around 19:00 on September 23, 2019, the Defendant: (a) called the victim of the building C, and the No. D, “in cases where the victim was overpaid,” but on the ground that the victimized party did not tell about the erroneous facts, the Defendant was at the time when the victim’s bucks, bucks, etc. (80cm in total length) with the pipe located in Aluminium (80cm in length), bucks, etc., 20.

Accordingly, the defendant committed physical abuse that may harm the physical health and development of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the family relation certificate, the victim's upper part photograph, the pipe photograph, and the written investigation before determination;

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 3 of the same Article concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. 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 proviso to Article 29-3 (1) of the Child Welfare Act (in full view of all the circumstances such as the defendant's age, family environment, family relationship, social relationship, relationship with the victim, the crime of this case, the prevention of child abuse that can be achieved by the employment restriction order, the protection effect of the victim, and the degree of disadvantage and anticipated side effects of the defendant's entry, the reason for sentencing under the proviso to Article 29-3 (1) of the Child Welfare Act (where special circumstances exist where the defendant may not issue an employment restriction order against the defendant), including the defendant's age, family environment, family relationship, social relationship

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment with prison labor for not less than six months but not more than one year and six months (a decision of type), and abandonment or abuse of a crime of abuse.

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