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(영문) 창원지방법원 진주지원 2018.11.13 2018고단357
상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

The defendant is the spouse of the victim C (C, female, 42 years old), is the relative of the victim D(15 years old), the defendant is living separately from the victim, the victimized child, and is currently serving in divorce proceedings with the victim.

1. On February 20, 2018, at the residence of the victim C in Sacheon-si, on February 20, 2018, the Defendant: (a) made a telephone conversation with the victim at low time; (b) made a dispute with the victim; (c) made the victim’s face part, snow part, and knee of the victim’s face; and (d) made the victim’s head and knee of the victim’s face.

As a result, the Defendant suffered injury, such as the cutting of a peltos that require approximately four weeks of medical treatment.

2. The Defendant violated the Child Uniforms Act at the time and place set forth in paragraph 1, and on the ground that the Defendant toldd the victimized child when the victimized child when the victimized child was her mother C, the Defendant saw the face of the victimized child three times by the hand floor, and made it possible for the victimized child to take the face of the victimized child by blocking and drinking the victimized child.

As a result, the Defendant committed physical abuse against a victimized child that may injure his body or injure his physical health and development.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C or D;

1. Application of Acts and subordinate statutes to a report on investigation (a medical certificate and a written agreement);

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense; Article 71(1)2 of the Child Welfare Act; subparagraph 3 of Article 17 of the same Act (physical abuse of children); the 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 suspended execution;

1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Social Service Order: Disfavorable of the nature of the crime - Circumstances favorable to him/her: A confession of the crime, reflectivity, non-guilty of punishment

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