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(영문) 서울북부지방법원 2017.12.22 2017고단2618
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On January 2012, the Defendant: (a) she spawn and spawn alcohol in the front of the instant residence and taken meals; (b) she spawned the victim’s son, who was aware of C, in the table table, and she spawn in favor of the victim; and (c) she spawned the body of the victim; and (d) she inflicted physical abuse upon the victim’s body, thereby undermining physical health and development.

2. On February 2015, the Defendant: (a) stated to the effect that the victim E (n, 11 years of age), F (n, 10 years of age), G (n, 7 years of age), and D (5 years of age) who are his/her children are seated and drinks alcohol to the victims; (b) caused the victim E and the victim F, and caused the victims to have their hair bat one time in their hands; and (c) continued to cause the victims to have their hair bat one time in their hands; and (d) caused the victims’ hair and the victims D to have their hair bat one time in drinking.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of victims who are children.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of statutes governing stenographic records;

1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 3 (Selection of Imprisonment), Article 71 (1) 2 and subparagraph 5 of Article 17 of the Child Welfare Act concerning the facts constituting an offense;

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 fact that the sentencing of Article 8(1) and (3) of the Act on Special Cases concerning the Protection and Observation of Children and the Punishment, etc. of Child Abuse Offenses is seriously against the defendant, the defendant's age, sexual conduct, intelligence and environment, relationship to victimized children, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of the following:

Rejection of Public Prosecution

1. The Defendant of the facts charged around March 27, 2016 around 16:52.

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