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(영문) 창원지방법원 2021.02.02 2020고단3865
폭행등
Text

A defendant shall be punished by imprisonment for six 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.

Reasons

Punishment of the crime

The defendant is the victim B(n, 36 years of age) and the legal marital relationship, and is the father of the victim C(n, 4 years of age).

1. On September 9, 2019, the Defendant assaulted the victim as shown in Table 1 of the Crimes List from September 11, 2020 to September 11, 2020, in the house of the Defendant located in Kim Jong-si, Kim Jong-si, and in the house of the Defendant, on the ground that the victim was spawning with C on the left hand on the ground that he was spawn, and that he was spawned with C on the ground that he was spawn.

2. Around September 16, 2019, the Defendant violated the Child Uniforms Act (child abuse) committed assault against the victim as shown in attached Table 2, from that time until September 11, 2020, on the part of the victim’s bucks and mucks in the inside room on the ground that the victim C was able to play, ice, and was not able to hear her horses.

As a result, the defendant committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child.

Summary of Evidence

1. Application of the police statement protocol 112 reported case handling list to victims of the defendant's legal statement, and the Acts and subordinate statutes reporting the investigation of photographs to the defendant;

1. Relevant legal provisions of the Criminal Act and Article 260 (1) (Assault) of the Criminal Act, Article 71 (1) 2 and Article 17 subparagraph 3 (physical abuse of children) of the Punishment of Children and Child Uniforms Act, and the selection of a sentence to imprisonment with prison labor;

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 suspension of execution (Subject to the completion of relevant programs and the observation of protection in order to prevent recidivism and secondary damage);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses Committed to Order;

1. It is so decided as per Disposition on the grounds of Article 2(1) and the proviso to Article 29-3(1) of the Addenda of the Child Reinstatement Act (Act No. 15889, Dec. 11, 2018) to the part of the Child Reinstatement Act exempt from the employment restriction order.

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