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A defendant shall be punished by imprisonment for one year.
To order the defendant to complete 80 hours of child abuse treatment program.
Reasons
Criminal facts
1. 아동복 지법위반 피고인은 2018. 6. 17. 19:30 경부터 20:45 경까지 서울 은평구 B에 있는 피고인의 주거지인 C 주택 D 호 거실에서, 피고인의 아들인 피해자 E(14 세) 이 휴대전화 게임을 한다는 이유로 피해자에게 심한 욕을 하였고, 이에 피해 자가 피고인에게 “ 쓰레기 ”라고 하자 화가 나 손바닥으로 피해자의 뺨을 수회 때린 후 부엌에 있던 칼( 칼 날 길이 약 20cm ) 을 가져와 피해자에게 “ 나를 찔러 라 ”라고 말하면서 그 칼로 피고인의 손목을 긁는 시늉을 하였다.
As a result, the Defendant committed physical abuse that causes damage to the body of the victimized child, and committed emotional abuse that causes harm to the mental health and development.
2. On June 17, 2018, the Defendant interfered with the performance of official duties at the parking lot near the Defendant’s residence, and at the parking lot near the Defendant’s dwelling on June 17, 2018, the police box of the Seoul Western Police Station, sent out after receiving 112 reports, has a lot of common sentiment by the Defendant, who is the police officer belonging to the Seoul Western Police Station.
As a result of the obstruction of the execution of official duties, G faces with the hand floor by threatening "I will not take place if I do not take it on the day before I am at the time of the suspension of execution."
Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by police officers.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement protocol with respect to E and G;
1. Investigation reports (verification of a threatened part by using kitchen blades), application of photographic Acts and subordinate statutes;
1. Relevant legal provisions and the choice of punishment for a crime: Each of the child's clothes Articles 71 (1) 2, 17 subparagraph 3 and 5 (a violation of the branch law of the child's clothes) of the Act, Article 136 (1) of the Criminal Act (a violation of the branch law of the child's clothes), and the choice of imprisonment, respectively;
1. Aggravation of concurrent crimes: The punishment shall be aggravated for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes concerning the violation of the Child Uniforms Act due to the severe emotional abuse of the nature of the crime);
1. Order to complete a program: Punishment of child abuse crimes;