logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2017.09.01 2017고단703
아동학대범죄의처벌등에관한특례법위반(보호처분등의불이행)등
Text

A defendant shall be punished by imprisonment for four 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

1. On April 27, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Child Education Crimes (Non-compliance with a protective disposition, etc.), ordered access within 100 meters from the residence of victimized child B [Spo C Apartment C apartment 1x 1, 2017) by June 26, 2017] in the wooden Branch of the Gwangju District Court.

“Ad hoc measures were determined to be taken.”

Nevertheless, the Defendant, while drunk around June 8, 2017, did not comply with the above ad hoc measures after entering the residence of the above B.

2. On April 27, 2017, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Child Education Crimes (Non-performance of a protective disposition, etc.) and the Defendant was determined to take ad hoc measures the same as that described in paragraph (1) in the Gwangju District Court Mapoon branch.

Nevertheless, the Defendant, under the influence of alcohol around 19:40 on June 10, 2017, destroyed the safety height equivalent to 3,500 won at the market price, which is the ownership of the victim, by hand from the corridor in front of the said B’s residence, and damaged the victim’s property, damaged the victim’s property, and failed to implement the said ad hoc measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each E statement;

1. Application of the Act and subordinate statutes to Gwangju Family Court Decision to take ad hoc measures (2017 Doz. 16), one CD in motion pictures taken at the scene of the crime, the destruction of locking device, photographs, and damaged receipts (fence of the current text safety).

1. Relevant Article 59(1)1 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Crime and for the Selection of Punishment, etc., Articles 19(1)2 and 19(1)2 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (the non-compliance with ad hoc measures), Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

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 suspended execution;

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection has repeatedly violated the court's ad hoc measure order, and the defendant recognizes and reflects the crime of this case.

arrow