Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the father of the victim C (V, 16 years old).
On February 16, 2018, the Defendant, around 18:30 on 16, 2018, Da 4304 Dong 1902, and the Defendant, on the ground that the victim left a breadb but did not do so, was seated at the place of the victimized person, and flicked down the victim’s breadg on the part of the victim.
As a result, the Defendant committed physical abuse that may injure the victim's body or harm the health and development of the body.
Summary of Evidence
1. Statement made by the police against C;
1. The defendant asserts that the above act was aimed at cultivating the victim without any intention of abuse.
However, in light of the degree and background leading up to the Defendant’s exercise of force, the relationship between the Defendant and the victim, etc., it is difficult to view the Defendant’s act as the purpose of decoration, and the intent of abuse is recognized.
Application of Statutes
1. Article 71(1)2 and Article 17 subparag. 3 of the former Child Reinstatement Act (Amended by Act No. 14925, Oct. 24, 2017; Act No. 1525, Apr. 25, 2018); the selection of fines, etc. for criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses Committed to Order;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;