A defendant shall be punished by imprisonment for not less than three months.

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

Punishment of the crime

The defendant is the father of the victim C (V, 8 years of age).

On November 12, 2016, the Defendant, at the Defendant’s residence located in Manan-gu Ma or 202, Ansan-gu, Mayang-gu, Mayang-gu, Mayang-gu, 202, said that the Defendant would not drink bed

However, according to the evidence submitted, it is recognized that the victim's cream was three times in the three-time indictments. However, according to the evidence submitted, it is recognized that the victim's cream is three times.

때리고, 발로 피해자의 복부를 2회 찼다.

As a result, the Defendant committed physical abuse that may harm the physical health and development of the victim who is a child.

Summary of Evidence

1. Each legal statement of witness C, E, F, and G;

1. Statement made by the police against C;

1. Determination as to the defense counsel’s assertion of the C and E’s written statements

1. Even if the facts charged in this case are acknowledged, it constitutes a justifiable act that does not violate the social rules and regulations, since the defendant was limited to children's education.

2. In light of the overall spirit of legal order or the social ethics or norm surrounding it, “act which does not violate the social norms” under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall spirit of legal order, and thus, it constitutes a justifiable act in a case where a certain act satisfies the requirements such as the motive or legitimacy of the act, the reasonableness of the means or method of the act, the balance between the protected interests and infringed interests, urgency, and the supplementary nature that there is no other means or method than the act (see Supreme Court Decision 2004Do8530, Feb. 25, 2005, etc.). In this case, it satisfies the above requirements in light of the circumstances and method of the act, etc.

shall not be deemed to exist.

Therefore, the defense counsel's above assertion is not accepted.

Application of Statutes

1. Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Uniforms Act, the selection of punishment for committing a crime;

1. Suspension of execution under Article 62(1) of the Criminal Act (in light of the victim’s age, details and mode of violence, etc.);