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A defendant shall be punished by imprisonment for 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
The defendant is the father and mother of the victim B (the 14th of February, 2002) and the victim C (the 13th of June, 2003).
1. Around March 2016, the Defendant, while drunk in the Defendant’s residence in Eunpyeong-gu Seoul Metropolitan Government, committed physical abuse that may inflict physical damage on the Defendant’s body or that may injure the physical health and development of the body by walking the victim’s vessel one time by walking the victim’s boat.
2. On March 2016, the Defendant committed physical abuse with the face of the victim C one time at the same place as the Habman’s preceding paragraph, thereby undermining the body of the victim C, or undermining physical health and development of the body.
3. On March 2016, the Defendant committed physical abuse against the victim B, on the ground that the victim B does not listen to the horses at the same place as that of the preceding paragraph, thereby damaging the body of the child or impairing the physical health and development of the body of the victim by displaying a mick cable.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the accused in the first protocol of trial;
1. Examination protocol of the accused by prosecution;
1. Statement to E by the police;
1. Application of the B’s written laws and regulations;
1. Article 71 (1) 3 and Article 17 subparagraph 3 of the Child Welfare Act, the choice of applicable laws and punishment for facts constituting an offense, and the choice of imprisonment, respectively;
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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Child Welfare Act [Violation of the Child Welfare Act (child abuse] [Determination of type], arrest, confinement, abandonment, or abuse;
(a) The elements of mitigation [special-speed persons] serious organic or abuse [Type 2] mitigation factors: the recovery of the damage caused by non-speaking sources of punishment.