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A defendant shall be punished by imprisonment for not less than eight months.
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 has protected and brought up a victim from March 2017 to the mother of the victim D (n, 10 years of age).
1. On October 2017, the Defendant: (a) opened “F” children’s clothes store operated by the Defendant in Hongsung-gun, Hongsung-gun; (b) opened the Defendant’s head and arms of the Victim’s head and arms at Paris Fund on the ground that the Defendant could not easily cover the problem of education.
2. From November to December 12, 2017 to the Defendant’s house located in Hongsung-gun G, the Defendant made several instances of the Victim’s head’s hand on the ground that the Victim made a false statement.
3. On December 19, 2017, at the Defendant’s house as indicated in paragraph 2, around 20:30 on December 19, 2017, the Defendant got home, on the ground that the victim was satisfing, when the victim’s head head head was satisfyd, and the Defendant was satisfyd by satisfying the victim’s head head’s hand.
Accordingly, the Defendant committed a physical abuse that may harm the physical health and development of children more than three times in total.
Summary of Evidence
1. Each legal statement of witness D and H;
1. Statement made to I by the police;
1. The photograph of a victimized child submitted by the mother of a victim;
1. Stenographic records;
1. A medical certificate;
1. Application of statutes on written opinions of experts on children with disabilities;
1. Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Uniforms Act concerning the facts constituting an offense;
1. Selection of each sentence of imprisonment;
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 (The following favorable circumstances considered as the reasons for sentencing shall be considered):
1. The reason for sentencing under Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses by Ordering Education is to be clear that the crime of this case constitutes the act of abuse in advance beyond the limit of normal decoration, and it is deemed that the crime of this case is highly likely to have a negative impact on the mental and physical development of the victim, in light of its intensity, reflectness, and the age, character, and environmental characteristics of the victim.
Nevertheless, the defendant denies the crime by an emergency defense and makes no way to recover the damage.