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(영문) 부산지방법원 서부지원 2021.03.26 2020고단1757
상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who resides in the head of Busan Northern-gu apartment B apartment unit C, and the victim D (V, 15) is a child who resides in B apartment unit E.

On April 13, 2018, the Defendant: (a) knew of the fact that the noise between F and children under the age of 18 of the above subparagraph B apartment C residing in the above subparagraph E, reached the above subparagraph; (b) provided that the Defendant had sufficiently known that children under the age of 18 of the above subparagraph reside in the Defendant’s computer; (c) connected the Defendant’s high-performance stringer with the Defendant’s computer; and (d) recovered obscene images containing the new studio in a sexual relationship with the sex, and then caused the Defendant’s mental injury, such as a 27-day response, as described in the list of crimes committed by the Defendant, to the end of January 11, 2020, the noise of the new studio, etc. reached the above subparagraph E, and caused approximately 4 weeks of heavy stress in need of treatment.

As a result, the defendant committed emotional abuse that harms the mental health and development of children, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, D, and G;

1. Each statement of H, I, J, K, L, M, N,O, P and H;

1. A report on investigation (Attachment of a medical certificate), and a medical certificate (D);

1. Investigative report (Attachment to the 112 Report Processing List), 112 Report Processing List, 112 Report Processing Book, 112 Report Processing Book, Notification of 112 Report Processing Records, 112 Report Processing List, Investigation Report (Attachment to the 112 Report Processing Statement), Request for cooperation in investigation (112 Report Processing Statement, etc.), Request for cooperation in investigation (112 Report Processing Statement, etc.)

1. Photographs related to verifying the on-site conditions;

1. Application of statutes on records of seizure and lists of seizure;

1. Articles 257 subparag. 1 (the point of injury), 71 subparag. 2, and 17 subparag. 5 (the point of emotional abuse) of the Act on the Punishment of Specific Crimes, and Articles 40 and 50 (the punishment prescribed for the crime of serious injury) of the Act on the Punishment of Specific Crimes.

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