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(영문) 서울고등법원 2019.05.16 2018노2830
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

For the defendant, 80 hours of child abuse.

Reasons

1. Summary of grounds for appeal;

A. Defendant: In the lower judgment, the lower court erred by misapprehending the legal doctrine as to the guilty portion or by misapprehending the legal doctrine as follows.

1) On July 6, 2016, the Defendant was married with the Defendant on March 25, 2013, a victim B (a woman of U.S. nationality) who is the spouse.

(2) As indicated in this part of the facts charged, the Defendant did not commit any assault and injury that requires treatment for a period of two weeks. The victim B made a false statement, and the entries in the medical certificate of injury issued one year after the date stated in this part of the facts charged cannot be trusted. The judgment of the court below does not contain any grounds for finding the Defendant guilty of this part of the facts charged. 2) As indicated in this part of the facts charged on July 19, 2017, the part of the assault and assault was committed by the Defendant on the part of the victim B (referring to his offspring born on a D date between the Defendant and the victim B) with the left part of the victim B, as indicated in this part of the facts charged.

The victim B made a false statement.

The judgment of the court below does not contain any reasons for finding guilty of this part of the facts charged.

3) On July 6, 2016 and July 19, 2017, as alleged in the aforementioned part, the Defendant violated the Child Welfare Act (child abuse) (hereinafter referred to as the “Child Welfare Act”), as the Defendant alleged in the part of the injury, did not inflict any injury by assaulting B on July 6, 2016, and did not engage in emotional abusive acts, such as assaulting the victim C at the time of the assaulting that the victim C would have expressed a desire to feel, and there was no intention to do so. The Defendant did not do not assault B, as alleged in the aforementioned part of the assault, and did not engage in emotional abusive abusive acts, such as “influening,” the said victim’s “influening,” who was upon the victim’s b by taking the said victim from B at the time. 4) As described in this part of the charges of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Intimidation, etc.).

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