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(영문) 광주지방법원목포지원 2020.08.07 2019고단1146
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 39) are legal couple, the victim C (the age of 72) is the mother of the defendant, and the victim D (the age of 11) and the victim E (the age of 10) are the children of the defendant.

1. The Defendant, at around 00:00 on June 1, 2019, posted a phone to the victim C, who is the mother of the Defendant, at the place indicated in paragraph 1, and threatened the victim by saying B, “B is not a frighter and bet off. B is found in Eup, and knife in knife with knife, knife, knife.”

2. Violation of the Child Welfare Act (child abuse) and violence;

A. On September 2018, the Defendant assaulted the victim D’s head on one occasion with the floor of hand without any special reason at the place described in paragraph (1) around September 2018.

B. Around May 13, 2018, the Defendant assaulted the victim E face at the place specified in paragraph (1) and on one occasion by drinking.

As a result, the defendant abused victims, and at the same time, abused the victims' body or injure their physical health and development.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, D, and C;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to report generation of domestic violence, photographs of inside and outside part of victims E, and criminal investigation reports;

1. Article 260 of the Criminal Act, Article 283 (2) and (1) of the Criminal Act, Article 71 (1) 2 of the Child Welfare Act, and Article 17 subparagraph 3 of the same Article concerning the crime (a point of physical abuse);

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

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 8 (1) through (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. The Defendant’s age, occupation, risk of recidivism, motive, method, and consequence of the instant crime, including the fact that probation and order to attend a lecture, as prescribed in the proviso of Article 29-3(1) of the Child Welfare Act, could expect the effect of preventing recidivism.

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