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(영문) 서울남부지방법원 2018.10.19 2018고단2906
아동복지법위반(아동학대)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of imprisonment 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 suffers from alcohol addiction, and the child of the victim B (n, 85) is the child of the victim C (n, 11 years of age).

1. Violation of the Child Reinstatement Act (child abuse) - Violation of the Child Uniforms Act (child abuse) - The Defendant, at around 00:00 on May 5, 2018, placed the victim C with a stop and a stop in his/her residence located in Geumcheon-gu Seoul Metropolitan Government D, and she did not she with a stop and a stop and a stop.

The phrase ‘I ambi' was called ‘I ambien'.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victim, who is a child.

2. Around May 12, 2018, the Defendant made a request for money to a victim B, who is drunk in the above residence, at around 16:30 on May 12, 2018.

In the absence of money by the victim, the Defendant: (a) expressed that there is no money; (b) the Defendant made a knife (a total length: about 20cm, about 60cm: about : 60cm) of a knife, which is a dangerous object in the kitchen of the kitchen, in which the kitchen had been in the kitchen, and threatened the victim with the injury.

Accordingly, the defendant carried dangerous objects and threatened the victim who is in existence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of B’s written laws and regulations;

1. Relevant legal provisions concerning the facts constituting an offense, Article 71(1)2, Article 17 Subparag. 5 (Child Abuse), Articles 284 and 283(2) of the Criminal Act, and each choice of imprisonment with labor, respectively;

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 on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Articles 44-2 and 2(1)2 of the Medical Care and Custody Act, including the number and contents of each of the instant crimes, shall be taken into account. However, taking account of the fact that the Defendant is against his/her gender, other conditions of sentencing, including the criminal record relation, age, sex, environment, family relationship, circumstances after the crime, etc., are all the following.

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