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1. The defendant shall be punished by imprisonment for one year;
2.Provided, That the execution of the above sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development.
The defendant is the guidance of the victim B ( South and nine years of age), and the victim is a person with a disability of grade 3 in intellectual disability.
1. On September 25, 2016, the Defendant: (a) around 19:00, at the small room of the Defendant’s 112-dong 103 of the Gwangju Mine-gu, and (b) on the ground that the victim would not want to study, the Defendant made the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her
2. On April 27, 2017, the Defendant: (a) around 19:00, at the same place as above; and (b) on the ground that the victim intended not to study, the Defendant caused the victim’s bucks with a large string of materials of alkinium to make up ten joints of the victim’s bucks, chest, hair, head, etc.
As a result, the defendant committed physical abuse that causes bodily harm to the victim who is a child.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement protocol (victim, witness, and stenographic record) with respect to B and D and stenographic record is the actual statement made by the police in relation to the victim.
1. Photographs of the details of damage;
1. Application of Acts and subordinate statutes to investigation reports (investigation, etc. into Damage B);
1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 3 of the Act on the Place of Punishment of Children and the Selection of Imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;
1. The scope of punishment by law: Imprisonment with prison labor for not more than seven years and six months;
2. Scope of the recommended sentences according to the sentencing criteria;
(a) A violation of each of the Child Uniforms Act: No. 1 and No. 2 (the scope of a recommendation) shall be the basic area (from June to one year and six months) (no person in special sentencing) of the two types, general criteria for the violation of each of the Child Uniforms Act;
B. Application of standards for handling multiple crimes: six months to two years (two multiple crimes).