beta
(영문) 부산지방법원 2018.06.27 2017고단6349

폭행등

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 24, 2017, around 22:20 on September 24, 2017, the Defendant: (a) discovered the victim C (at the age of 37), who was the victim, at the 5 annual apartment parking lot in Busan, Jin-gu, Busan; (b) brought about a dispute with the victim, and (c) was strokeed by both hand, leading the victim under such circumstances.

Accordingly, the defendant assaulted the victim.

2. Around March 2017, the Defendant: (a) committed a victim on the ground that the victim E (10) was said to be such “this” against the Plaintiff around Busan-gu Busan-gu, Busan-do, and the victim E (10) around 1204; (b) however, the victim went into a room and left the room, and kidds the victim’s face, arms, legs, etc.; and (c) the victim was able to drink.

Accordingly, the defendant committed physical abuse against the victim who is a child.

Summary of Evidence

1. The legal statement of the witness C;

2. Statement made by the police against C;

3. Application of Acts and subordinate statutes on the recording of statements of E.

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) The point of assault: Article 260 (1) of the Criminal Act;

(b) Children's school representative: Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Welfare Act;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated within the scope of the sum of the upper limit of sentence for the crime of violence and punishment prescribed for the crime of violation of the Local Uniforms Act with heavier punishment (child abuse)];

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Determination on the Defendant and his/her defense counsel’s assertion under Article 8(1) and (3) of the Act on Special Cases concerning the Protection and Observation of Education and the Punishment, etc. of Child Abuse Crimes

1. A point of violence;

A. The gist of the argument is that the Defendant only knife C’s hand, and did not assault C’s knife, as stated in the facts constituting the crime No. 1.

B. Comprehensively taking account of the following facts revealed by the evidence adopted and examined by this court, the Defendant, as indicated in the facts constituting the crime No. 1, e.g., the victim C’s ebbbbbage, and the victim under such circumstances.