(영문) 창원지방법원 2019.2.20.선고 2018고단1441 판결

A defendant shall be punished by a fine of five million won. If the defendant does not pay the above fine, the defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the defendant to be put on probation.

Reasons

Criminal facts

Victim B(38 years of age) and Victim C(7 years of age) are people living in the same 12th floor of apartment houses that the defendant was living with mother and child.

1. Crimes against victims C;

A. At around 13:00 on May 2, 2017, the Defendant committed emotional abuse against the victim, on the ground that the victim, who was frightly in front of the said D Apartment Edong, would escape himself/herself, on the ground that he/she would not keep the victim only, and that he/she would be called his/her parents.

B. At around 13:20 on May 18, 2017, the Defendant committed emotional abuse against the victim, such as “I am at the time of width, I am at the seat of the said D apartment complex, I am at the seat of the Defendant, and “I am at the seat of I am at the seat of I am at the seat of I am at the seat of I am. I am at around 13:40 on May 24, 2017. The Defendant committed emotional abuse against the victim, such as “I am at the seat of I am at the seat of I am at the seat of I am at the seat of I am at the seat of I am at the seat of I am at the seat of I am at the seat of I am at the seat of I am at the seat of I am.

2. Crimes against the victim B;

On 1, 2017, around 08:30 on 24, 2017, in front of the above D Apartment Edong Guard room, the Defendant told the victim and C that “Is noise” was “Isle” while the victim was getting off from the elevator of the first floor of the E-dong, and in order to comply with this, the victim saw the Defendant’s talk, and the victim saw the Defendant’s talk, and assaulted both arms of the victim by both hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness B and H;

1. Statement of the police officer to I;

1. Complaint;

1. Application of Acts and subordinate statutes on detailed statement of reported case settlement; and

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 71(1)2 of the Child Welfare Act, Article 17 subparag. 5 ( point of emotional abuse), Article 260(1) of the Criminal Act, selection of each fine

(In full view of the above evidence, a defendant may be found to have committed each act identical to the facts charged. The term “ emotional abuse that may harm the mental health and development of a child” includes not only the case where it has interfered with the mental health and normal development of the child, but also the case where there is a risk or possibility of causing such a result. It does not necessarily require the purpose or intent of emotional abuse against the child. The act of the defendant is limited to the case where the child under seven years of age at the time is frighten or sound, and the defendant is frightly frighten or sound to the victimized child, and the defendant is frightened to the victimized child. Considering the contents and circumstances of the act of the defendant, the act of the defendant as described in paragraph (1) of this Article may be determined to constitute emotional abuse that may cause harm or possibility to the mental health and normal development of the child, and the intention or awareness of the defendant may also be recognized).

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse (where the sentence of suspension of execution of sentence is invalidated or revoked and the defendant does not pay a fine);

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation;

Article 62-2 of the Criminal Act

The grounds for sentencing are as follows: the Defendant’s age, character and conduct, family relationship, the contents and circumstances of the instant crime, and the circumstances after the crime are committed, shall be determined as ordered by comprehensively taking into account various sentencing conditions.

○ Unfavorable Circumstances: It is determined that the act of the defendant causes a substantial obstacle to the health and development of the victimized child, and the liability for the crime is not easy. The victims and the victims have not reached a smooth agreement.

The favorable circumstances of ○○: The Defendant does not seem to have caused intentional and planned harm to the victimized child. Rather, it appears that the emotional difficulties, the awareness of damage, etc. that the Defendant is suffering from the crime of this case, and that the Defendant is in need of counseling and medical treatment, etc. rather than punishment, rather than punishment. Since the Defendant had no record of being punished for the crime of this case. Since the Defendant was moved after the instant case, and the primary school student’s children were transferred to another school, the Defendant was no longer in contact or contact with the victims.