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(영문) 서울남부지방법원 2017.11.29 2017고단3106
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

To order the defendant to complete a child abuse treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a person with visual disability of the second degree, who is a married couple with the victim C (the victim, 48 years of age, intellectual disability 2 level), and is a father-child relationship with the victim D (the victim 13 years of age, intellectual disability 3 level).

1. A special intimidation: (a) around June 13, 2017, at the home of the Defendant, Gangseo-gu Seoul, E, 512 Dong 303, Dong 303, the Defendant expressed the same attitude that the victim C had a large amount of drinking to the Defendant, and expressed a knife (30cm in total length), a dangerous object in the kitchen, for the reason that C her flicked with the nature of “hiner because her flicked with the nature,” and expressed a knife (30cm in total length) of a dangerous object in the kitchen, and her flife at the victim’s face several times.”

2. Around 17:00 on January 5, 2017, the Defendant violated the Child Uniforms Act (child abuse) committed physical abuse on the ground that the Defendant drinking alcohol at the above Defendant’s house and drinking alcohol and drinking alcohol to the victim D, who was a person with a intellectual disability, got sound at his house, by drinking the victim’s head and drinking time, and then pushed the victim’s neck toward the wall by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal testimony of C, D, F, and G;

1. Application of two copies of a certificate of hospitalization and discharge (it can be known that the defendant was not hospitalized on January 5, 2017);

1. Relevant Articles 284, 283 subparag. 1 (a) of the Criminal Act regarding the crime; Articles 71 subparag. 2 and 17 subparag. 3 (a point of physical abuse) of the Child Welfare Act; and each choice of imprisonment with prison labor for the crime;

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. The reasons for sentencing under Articles 8(1) and 8(2) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes committed by Children subject to order are that the Defendant was not sentenced to a fine exceeding the fine, is being treated as alcohol addiction, and has visual impairment.

The defendant has already been a victim C in May 2016.

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