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(영문) 광주지방법원 목포지원 2019.01.11 2018고단740
아동복지법위반
Text

A defendant shall be punished by imprisonment for four 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 is a person who has a duty to protect, rear, and educate the victim as the father and wife of the victim B (the age of 17).

On April 22, 2018, at the defendant's home room around 20:10 on 20:10, the defendant was living in the defendant's house, for the reason that the victim had made a request for money to himself/herself, and the victim did not enter the room and set away his/her house, and the defendant was living in the door where two knife two knifes (20 cm a day length, 12 cm a day) in the kitchen in his/her hand, which were in the kitchen.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Application of statutes on field photographs;

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 5 of the same Article concerning facts constituting an offense;

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

1. The grounds for sentencing under Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse Crimes (hereinafter “Offense of Emotional Abuse”) are as follows: (a) as long as the Defendant committed physical abuse against the victim’s birth on August 24, 2017, the Defendant committed the instant emotional abuse that may harm the victim’s mental health and development; (b) however, there was no record of criminal punishment and no record of criminal punishment together with the victim; and (c) the fact that the victim did not live together, etc., the sentence

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