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(영문) 창원지방법원 진주지원 2018.11.20 2018고단1064
아동복지법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Reasons

Punishment of the crime

The Defendant was a former sports instructor of the “C Sports Center” in Sacheon-si, and the victimized child D(14) is a student of the above sports center.

On April 25, 2018, at around 16:00, the Defendant: (a) placed in Sacheon-si B, “C Sports Center” on the first floor; (b) placed the damaged child in the table, and demanded the victimized child to tear the rubber of the table in the table to show the table to the victimized child; (c) but did not show that the victimized child did not show it; (d) placed the board of the victimized child’s ship in large kys, 3 to 4 times with the right hand, and the part of the elbbow, which is a dangerous object, 3 to 4 times with the victim’s left part of the container. (100cm, 1.5cm in diameter)

As a result, the defendant, carrying dangerous articles, assaults a victimized child, and at the same time, abused the victimized child's body or injure his physical health and development.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. Photographss of upper parts, photographs of the fluor’s images taken inside the table flusium, and photographs of large trees and aluminium flusiums;

1. Stenographic records (D);

1. Making records and reporting of records;

1. Application of Acts and subordinate statutes to investigation reports (attached documents, such as certificates of disabled persons);

1. Article 71(1)2, Article 17 Subparag. 3 (physical abuse of children) of the Act on the Place of Child Uniforms and Articles 261 and 260(1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Crimes Committed against Child Abuse by Order - Circumstances unfavorable to: The nature of the crime - Circumstances favorable to the crime: The confession of the crime and the absence of any reflectivity, penalty, the same kind or suspended sentence;

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