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(영문) 수원지방법원 성남지원 2017.03.15 2016고단4094
아동복지법위반(아동학대)등
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

On September 8, 2016, at around 20:0, the Defendant brought money from C, the spouse of a de facto marital relationship, in the Defendant’s residence, and brought money from C, the spouse of a de facto marital relationship, C, in this land, and received a request from C, the victim D (10 years of age) who was the spouse of a de facto marital relationship, and led the victim, etc., who is the child, for about one hour, flives the body of the victim, with the victim’s plastic clothes in the Myanmar color for about one hour, and flives the victim’s face, and flives the victim’s face.

As a result, the Defendant committed a physical abuse against a child that may injure the child's body or injure the physical health and development of the child, and at the same time inflicted an injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Article 71(1)2 and Article 17 subparag. 3 of the Child Uniforms Act; Article 257(1) of the Criminal Act concerning the crime;

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 reason for sentencing under Article 8(1) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes by Ordering Education is that the Defendant abused and inflicted an injury on the part of the victimized child on the basis of erroneous thoughts concerning infant care, and the nature of the crime is not weak in light of the content and risk of the crime.

However, considering the fact that the defendant and the victim should live together in the future, the defendant and the victim intend to suspend the execution of imprisonment with prison labor for the defendant on the condition that they will take preventive lectures against the recidivism of child abuse.

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