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(영문) 창원지방법원 통영지원 2020.06.23 2020고단164

상해등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On November 2, 2019, the Defendant violated the Child Welfare Act (child abuse) committed assault by hand at two times the heads of the victimized child E (Nam, 10 years old) by hand on the ground that the victimized child was satisfying in a bridge B apartment playground on the ground that the victimized child was satisfyd.

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

2. On November 2, 2019, the Defendant suffered injury: (a) around the B apartmentF complex of B apartment as indicated in Article 8:25(1); (b) the victim G (the South and the age of 41) who is a relative of the said C, tried to confirm the facts of the said assault from the Defendant; (c) the Defendant’s head was taken back by hand and taken back the victim’s head; (d) the victim H (the South and the age of 39) was about to restrain the Defendant’s assault; (e) the victim H (the South and the age of 39), who was a relative of the said victim, was about two times to stop the Defendant’s assault; and (e) entered the said victim’s left part of the said victim’s body.

As a result, the Defendant inflicted injury on the victim G by non-explosion, etc. on the right side, which requires approximately two weeks of treatment, and imposed on the victim H about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of statement;

1. Photographss and photographs related to the damage;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 71(1)2 of the Child Welfare Act, Article 17 Subparag. 3 of the same Act, Article 257(1) of the same Act and Article 257(1) of the same Act, each of the choice of punishment for the crime, each of the choice of punishment, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment as provided for in the crime of injury to H with the largest punishment) among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The sentencing of Article 29-3(1) of the Child Welfare Act is based on the restriction on employment.