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A defendant shall be punished by imprisonment for one year.
The defendant shall order the completion of child abuse treatment programs for 80 hours.
Reasons
Punishment of the crime
On February 17, 2017, the Defendant returned home in the state of alcohol at Jeju C and the first floor Defendant’s residence on February 17, 2017, and carried out a computer game in a living room. In the event of a dispute with the victim D (14 tax) who is an infant living in a living room, the Defendant was unable to help the victim to do so.
As "I ambly, I see the victim's shoulder with both hands. I ambling the victim's shoulder, and knee in the future, I am knee and knee the victim's knee in the future, and had the victim suffered injury, such as a non-one-time therapy requiring approximately four weeks of medical treatment.
As a result, the defendant abused the victim and at the same time abused the victim's body.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Relevant photographs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 257 (1) of the Criminal Act (the point of harm), Article 71 (1) 2, and subparagraph 3 of Article 17 of the Child Welfare Act (the point of harm) concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The defense counsel regarding the assertion of mental and physical weakness under Article 8 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes Committed to Order was in a state of mental and physical weakness that the defendant could not make sexual judgment at the time of committing the crime of this case, because the defendant was a patient with symptoms of alcohol respect, or a patient with a disability with a red
The argument is asserted.
According to the evidence, it is recognized that the defendant was hospitalized from around 2009 to the point of view that he was receiving treatment due to symptoms of alcohol respect, re-reflexive disorder, etc., and that he was drinking at the time of committing the instant crime.
However, in light of the overall circumstances such as the background and method of crime, the method and method of crime, the defendant's behavior before and after the crime, etc., the defendant had no or weak ability to discern things due to pharmacologic or drinking at the time of the crime in this case.
. does not appear.