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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
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 father and mother of the victim B (son, 7 years of age).
1. On Nov. 1, 2018, the Defendant: (a) had the victim drink a water surface guidance system on the ground that the victim was not locked at his/her residence in the Cheongju-si Civil Building C, and the Defendant’s residence; (b) had the victim drink a water surface guidance system on the ground that the victim was not locked; and (c) had the victim drink a water surface guidance system.
2. At around 20:00 on December 18, 2018, the Defendant: (a) confirmed the change of the location of the cell phone between a diving and a moving back to the house; (b) made the victim in a fluencation, and assaulted the victim’s flusium and the parts of the bridge several times on the part of the victim’s flusium and bridge.
As a result, the Defendant committed a physical abuse that may injure the body of a child victim or may injure the physical health and development of a child.
Summary of Evidence
1. Defendant's legal statement;
1. Stenographic records;
1. Application of the law on video recording CDs
1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 3 of the Child Welfare Act, the choice of punishment for an offense, and the choice of imprisonment with labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 8 (1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;
1. Comprehensive account of the Defendant’s age, occupation and environment, relationship with the victim, background and details of the instant crime, method and result of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the employment restriction order, the preventive effect and effect of the crime of child abuse that can be achieved therefrom, the protection effect of the victim, and the risk of recidivism, etc.