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(영문) 제주지방법원 2020.09.25 2020고단1409
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant reported a marriage on November 21, 201 with the victim B, but divorced around November 25, 2014. However, from around 2017, the Defendant liveded with the victim B in order to raise the victim C together with the victim C, who is a child, from around 2017.

1. 특수협박, 아동복지법위반(아동학대) 피고인은 2020. 1. 2. 23:30경 제주시 D건물 E호에 있는 피고인의 집에 술을 마시고 귀가하여 피해자 B(여, 45세)에게 돈을 많이 썼다고 하면서 피고인의 이마로 피해자 B의 이마를 툭툭 치고, 자고 있던 아들인 피해자 C(7세)을 깨워 주먹을 쥔 채 피해자 C에게 “너, 누구 새끼야 ”라고 묻다가 주먹 쥔 오른손을 들어 올려 피해자 C을 때리려는 듯한 태도를 취하고, 이를 본 피해자 B가 피해자 C을 감싸자 갑자기 주방으로 가 위험한 물건인 식칼을 꺼내 들고 피해자들을 향해 “죽여 버리겠다.”라고 말하며 다가왔다.

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 C.

2. Violation of the Child Welfare Act (child abuse);

A. On December 27, 2015, the Defendant committed physical abuse against the victim C (three years of age) who is son at the Defendant’s house located in the D Building E at Jeju-si, on the floor of hand, on the ground that the victim C (three years of age) does not listen to the horses. The Defendant committed physical abuse that may harm the physical health and development of the above victim, who is a child, by making the victim’s face, face, knive, and tunt,

B. In 2019, the Defendant: (a) called on the Taekwondo ground by the victim C (the 6-year-old age), who was an arche in the 2019 P.M.; (b) called “I will late play at the friendly house; but (c) immediately called the head’s house; and (d) on the ground that the Defendant’s home located in the D Building E, the Defendant committed physical abuse that may harm the physical health and development of the above victim, who was a child, on the ground that the said victim’s face was written sod at the Defendant’s house located in the Jeju Building E, was written.

(i) the evidence;

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