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(영문) 창원지방법원 2019.10.11 2019고단1643
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the director of the "D" accompanying the victim C (the age of 12) in Seongbuk-gu, Changwon-si, who takes charge of joint operation of the victim and protects and supervises the victim.

1. A special assault and violation of the Child Welfare Act (child abuse) around 18:30 on January 18, 2019, the Defendant 2-3 times the victim’s head was 2-3 times with a knife knife at the preceding knife and threatened the victim’s life on the ground that the victim’s knife knife at the preceding knife at the same knife and threatened the victim’s life.

As a result, the Defendant, carrying dangerous articles, assaulted the victim, and at the same time, abused the victim's body.

2. Around 19:00 on February 13, 2019, the Defendant violated the Special Injury and Child Welfare Act (child abuse) reported ten times the head of the victim’s head on the ground that the victim was absent from school without permission in the preceding class, on the ground that the victim was made a false statement on the grounds that the victim was absent from school without permission in the preceding class.

As a result, the Defendant carried dangerous articles with the victim about six weeks of medical treatment, thereby causing bodily harm to the victimized child at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Stenographic records;

1. 112 reported case management table and diagnosis report;

1. 현장 사진, 목재 장봉 사진 피고인과 변호인의 변소 및 판단 판시 범죄사실 제1항 범행{특수폭행 및 아동복지법위반(아동학대)의 점, 이하 ‘이 사건 범행’이라고 한다}에 관하여, 피고인 및 변호인은, 당시 피고인이 피해자의 훈육을 위하여 피해자의 머리에 가볍게 2회 정도 꿀밤을 주었을 뿐, 공소사실 기재와 같이 위험한 물건인 목검으로 피해자의 머리를 때려 피해자에게 신체적 학대 행위를 한 사실이 없다고 주장한다.

However, this Court.

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