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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the father and father of the victim C(14).
On June 30, 2016, the Defendant, at around 22:30, Chuncheon-si, D Apartment 407, 1401, had shown the victim's bad faith in school classes, and he was aware that he had consulted with the teacher in charge of the school.
In the future, it will be seen as a person in the future.
무릎을 꿇어 라” 고 하여 피해자가 무릎을 꿇자 손으로 피해자의 뺨 부위를 수회 때리고 발로 배 부위를 수회 걷어차며 주먹으로 몸통 부위를 수회 때리고, 주방에서 위험한 물건인 부엌칼을 가져와 손에 든 채 “ 옷 벗고 나가, 새끼야 ”라고 소리를 질러 겁에 질린 피해자로 하여금 옷을 모두 벗게 하고 피해자가 다시 무릎을 꿇은 상태에서 위 칼을 피해 자의 목에 들이대며 “ 같이 죽자 ”라고 하고, 계속하여 피해자에게 “ 어 금니 꽉 깨물어 ”라고 하면서 손으로 뺨 부위를 수회 때리고 발로 얼굴 부위를 2회 걷어찼다.
Accordingly, the defendant carried dangerous articles and threatened the victim with physical abuse, thereby impairing the child's body or impairing the physical health and development.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (special intimidation) of the Criminal Act, Article 71(1)2, and Article 17 subparag. 3 (a) of the Child Welfare Act (a person who inflicts bodily injury on a child or commits physical abuse) of the same Act, and choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act; Article 36(1)4 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses;
1. The scope of punishment recommended according to the sentencing criteria; and