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(영문) 서울동부지방법원 2018.04.11 2017고단3256
아동복지법위반등
Text

Defendant shall be punished by imprisonment with prison labor for six months, and the execution shall be suspended for two years from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. Around 03:00 on September 20, 2017, on the ground that the Defendant did not receive the Defendant’s telephone at the Defendant’s residence located in Gangdong-gu Seoul Metropolitan Government (le, 41 years old), the Defendant was able to blick the victim’s face and body, which is a dangerous object, due to drinking and flicking, in a number of times and continuously dangerous objects, and met the victim’s body body.

2. Violation of the law on the place of child uniforms and special assaulting, at one time and at one place, the victim D (n, 12 years old) who is a child of the defendant's father's father's father's father's father's child, told this defendant to assault C, which is a dangerous object, when the climb was faced with the victim's body, as well as the climbbly with dangerous objects, the victim's body.

As a result, the defendant assaulted the victim with dangerous things at the same time, and committed physical and emotional abuse that harms the physical health, mental health and development of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in each statement protocol C and D;

1. Article 71 (1) 2, Article 17 (3), and 5 of the Child Uniforms Act, Article 261 and Article 260 (1) of the Criminal Act;

1. Article 40 or 50 of the Commercial Concurrent Crimes Act. (Punishment as a violation of the Act on the Punishment of Children and Child Uniforms which are more severe than punishment);

1. Imprisonment with prison labor for choice of punishment;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that victims have not been punished but have been divorced by agreement);

1. Article 62-2 of the Criminal Act, such as community service, and Article 8 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

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