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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the former husband of the victim B (math, 44 years old), and is the father of the victim C (math, 15 years old).
1. Around February 20, 2019, the Defendant violated the Child Welfare Act (child abuse) found drinking at the above B’s house located in Bupyeongcheon-si, and found drinking, without good cause, B’s selling, and the escapeer took a bath to his/her female, and he/she saw the victim’s face from the victim C, thereby making the victim’s face drinking, and the Defendant made verbal abuse, such as “the satch fe, fechi, fechi, and sat.”
Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victim, who is a child.
2. The Defendant: (a) entered the victim B and C as a means of causing damage to the Defendant at the time and place specified in the foregoing paragraph (1); (b) closed the visit of the victims to prevent escape; and (c) removed the door frame from the visit and door door so that the victims could not escape; and (d) left the door frame off to the visit so that the repair cost remains.
Accordingly, the defendant carried dangerous things and damaged the property owned by the victim B.
3. A child victim protection order is issued with respect to “from May 10, 2018 to May 9, 2019, the head of the Si/Gun/Gu office of the Incheon District Court on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (protective Orders, etc.)” with respect to “from May 10, 2018 to May 9, 2019, the head of the Si/Gun/Gu office of the Incheon District Court is subject to a child victim protection order with respect to “Prohibition of Access within 100 meters from the place of residence and school (O middle school)”, “
Nevertheless, around February 20, 2019, the Defendant did not enter and leave the place of residence of the victimized child.
Accordingly, the defendant did not comply with the child victim protection order.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B and C;
1. Each statement of B and C;
1. Application of Acts and subordinate statutes, such as field photographs and photographs of child victim protection orders;
1. Relevant provisions concerning facts constituting an offense;