beta
(영문) 서울북부지방법원 2019.09.17 2019고단2740

특수폭행등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 14:10 on March 9, 2019, the Defendant: (a) in front of the Cdong of the Seoul Jung-gu building C, the victim D (12 years of age), victim E (11 years of age), victim F (12 years of age), and victim G (10 years of age) expressed a bath to the apartment security guards; and (b) threatened the victim with her flaps (15cm: length: 15cm) with her hand, carrying dangerous things, and her flaps; (c) threatened the victim with her flaps; (d) her flaps; (e) her flaps; and (e) her f, the victim F, the victim F, and G, who continued to sit in the above flaps; (e) her f, the victim G was f, and (e) her f, the victim G with the above flaps, as the victim was her.

Accordingly, the defendant carried dangerous articles and committed emotional abuse that harms the mental health and development of victims while doing so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the E, F, and G;

1. A H statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes governing photographs and video materials CDs;

1. Articles 261 and 260 (1) of the Criminal Act (a point of special violence) applicable to the facts constituting an offense, Article 71 (1) 2 of the Child Welfare Act and subparagraph 5 of Article 17 of the same Act (a point of emotional abuse);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that there is no criminal record against the defendant for the reason for sentencing of the provisional payment order; the victims threatened the apartment security guards for not less than 10 minutes, threatened them to reflect the facts of the crime, and acted in the statement of the crime; the motive of the act is considered; the defendant's age, character, behavior, environment; and the defendant's age, character, and environment.