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(영문) 의정부지방법원 고양지원 2019.02.20 2018고단2654
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. At around 15:00 on September 15, 2018, the Defendant, at the house of the Defendant located in the Pakistan B apartment C, and on the ground that D, who was his children, took a friendship and took a mobile phone game, and talks about flickly, the Defendant threatened the victim E (V, 48 years old) who was living in the kitchen, with the victim E (V, who was living in the kitchen) who was living in the kitchen, with the victim’s face, with the victim’s face, and threatened the victim with the victim’s physical harm.

2. The Defendant, with the knowledge of the fact that the victim D (the age of 10) who is the son was in a toilet, entered the toilet door by leaving the toilet door, and entered the toilet door, and subsequently, took a sound as to whether or not the victim who was seated and reported on behalf of the son was frighted, and committed a emotional abuse that may injure the child’s body or injure the physical health and development of the body by making the victim’s hand hand hand over several times, such as bucks and bucks of the victim, and that the victim’s physical abuse was detrimental to the child’s mental health and development.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The photograph of a tree donor;

1. Stenographic records of the Gyeonggi-do Seaba Center;

1. Application of Acts and subordinate statutes notifying departments related to reporting 12 cases;

1. Relevant legal provisions concerning criminal facts, Articles 284 and 283(1) of the Criminal Act (special intimidation) of the choice of punishment, Articles 71(1)2 and 17 subparag. 3 (physical abuse) of the Child Welfare Act, and Articles 71(1)2 and 17 subparag. 5 of the Child Welfare Act (the occupation of emotional abuse) of the Child Welfare Act

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

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

1. The reason for sentencing under Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes appears to be the defendant's use of violence against his/her wife and child, and the victims' physical damage.

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