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(영문) 의정부지방법원 2017.01.24 2016고단5425

아동복지법위반(아동학대)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 September 15, 2016, the Defendant violated the Child Reinstatement Act (child abuse) committed physical abuse against the victim by taking the face of the victim D ( South, 10 years of age), which he/she she was in dispute of the wife C and his/her child, at the Defendant’s residence located in B apartment in Chungcheongnam-si, Namyang-si, on the ground that he/she was in harmony with the wife, on the ground that he/she was in dispute of the wife C and his/her child at the Defendant’s residence.

2. Around 02:30 on September 15, 2016, the Defendant interfered with the performance of official duties, in the same place as the above “1” as the same as the above “1, at the same time as the domestic violence No. 112, and obtained the confirmation of the instant case from F, who was separated from the victim by the police officer assigned to the Namyang-gu Police Station Ebridge, Namyang-gu, Ebridge, the Defendant interfered with the Defendant’s execution of official duties, thereby obstructing the Defendant’s execution of duties, by assaulting the F, “I will report at our house, I Gara, I Ga, I Ga, I am, I am you will report at our house, I am the said F, and tight F once with the right hand, thereby interfering with the police officer’s lawful performance of duties concerning the handling of reports, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. 112 Reporting case handling table;

1. A criminal investigation report (cases pertaining to images);

1. Reporting on investigation (report on telephone recording of a victim's statement);

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 71 (1) 2, Article 17 subparagraph 3 (a) of the Act on the Prevention of Child’s Child’s Child’s Child’s Child’s Child’s Child’s Child’s Child’s Child’s Child’s Child’s Child’s Child’s Child’s Child’s Child’s Day), Article 136 (1) of the Criminal Act

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. It is not good that the victim, who is a child, has suffered a considerable physical or mental pain due to the crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended execution.

Moreover, since the crime related to interference with the execution of public duties is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority, it is necessary to strictly punish the establishment of national law and order and eradicating the light of the public authority.

On the other hand.