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(영문) 인천지방법원 2019.09.19 2019고단3768
상해등
Text

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is the relative of the victims.

1. On March 15, 2019, at around 00:00, the injured Defendant asked the victim D (n, 5 years of age) who returned home while under the influence of alcohol and was locked, to “the victim is good and good and good,” and then, the Defendant took a face of the victim E (n, 3 years of age) who was locked next to the Plaintiff’s hand on the ground that the defective victim’s answer to “the victim is good and good and good,” and the victim E (n, 3 years of age) who was locked.

As a result, the defendant suffered injury to the victims by causing them to suffer from an inception of treatment days respectively.

2. The Defendant violated the Child Welfare Act (child abuse) at the time, at the place under the preceding paragraph, and at the time, at the same time, the head and arms of the Victim F (13 years of age) who was divingd were 3-4 times in person, and the head of G (10 years of age) who was the same victim was 3-4 times in person.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of victims who are under 18 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each stenographic record (G, D);

1. 112 reported case handling table;

1. Application of the statutes on the photographs of victimized children, photographs of victimized children, and photographs of victimized victims;

1. Relevant Article 257(1) of the Criminal Act; Article 71(1)2 of the Child Welfare Act; Article 71(1)5 of the Child Welfare Act; and Article 17 subparag. 5 of the same Act, the choice of imprisonment for a crime;

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 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The reasons for sentencing under Article 2(1) of the Addenda to the Child Welfare Act (Act No. 15889, Dec. 11, 2018) and the main sentence of Article 29-3(1) of the Child Welfare Act are several times of violence, and the Defendant was prosecuted for assault of wife during the period of probation.

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