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(영문) 인천지방법원 2016.06.16 2016고단1164
아동복지법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the father and father of the victim C(18) and the victim D(13).

On March 2, 2016, the Defendant, at around 09:00 on March 2, 2016, visited the victims with the Defendant’s wife (victim’s mother) sent out by the victims in his/her own dwelling, Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, 401, and acted as the victims, with knife’s knife (36.5cm in total length, 23cm in length).

The visit of the victims is called "the deceased" and the victim was marked 7-8 times in the upper knife.

Accordingly, the defendant, carrying dangerous articles, threatened victims, and at the same time, committed emotional abuse that harms the mental health and development of the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A written statement of C and D;

1. Application of statutes on records of seizure and lists of seizure;

1. Articles 284, 283(1) (a) and 71(1)2 and subparagraph 5 of Article 17 of the Child Welfare Act (a point of special intimidation) of the Criminal Act concerning the facts constituting an offense under the relevant Articles of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Crimes Committed against Child Abuse by Order to Attend Courses;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] and the basic area (six months to one year and six months) of the sentencing criteria (any person who has no special sentencing person)

2. The crime of this case committed by the Defendant with a knife and intimidation against his children, which is highly likely to cause danger and criticism, the Defendant has no record of punishment exceeding a fine, and the Defendant has the right to receive mental treatment in the future.

The child is now living together with the mother, and the age, occupation, and sex of the defendant is other.

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