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(영문) 전주지방법원 2017.08.30 2017고정449

아동학대범죄의처벌등에관한특례법위반(폭행업무수행등방해)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who committed physical abuse against C from February 2, 2015 to November 8, 2016, with a divorce between the spouse and the bereaved child C (n, 8 years of age) and his/her her her her son D (n, 7 years of age) (the part of violation of the Child Reinstatement Act against C shall be sent on the same day). The Defendant shall not interfere with the performance of his/her duties by assault or intimidation or by deceptive means or force against an employee of a specialized child protection agency who is performing emergency measures against the victimized child.

Nevertheless, at around 15:40 on November 14, 2016, the Defendant took emergency measures to transfer the Defendant’s children to a protective facility related to child abuse on the ground of physical abuse against the Defendant’s children in front of the public health room at 1287, i.e., the charge of the former Jinan-gun, Jinan-gun, Jinan-gun, Jin-gun, Jin-do, 201.

Now there is no need to drive the victim, so the victim's performance of duties was interfered with by assault and intimidation, such as “(i)” and “(ii) walking the door of the health room where the above child is born twice, (iii) continuing to walk the victim’s bath, (iv) debrising the victim’s breath, (v) pushing the victim’s breath, and threatening the victim’s drinking, and (v) threatening him.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Reporting on the results of emergency measures;

1. Application of Acts and subordinate statutes governing interim measures;

1. Article 61(1) and Article 12(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes that are applicable to the facts constituting an offense, and the Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which reflects the mistake by recognizing the instant crime.