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(영문) 서울남부지방법원 2014.10.21 2014고정2296

아동복지법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the head of the Guro-gu Seoul Metropolitan Government C Apartment 118 Dong 104, and the Young-gu Infant Care Teachers.

No person shall commit any abuse that causes damage to a child's body.

Nevertheless, at around 16:00 on January 21, 2014, the Defendant committed a abusive act that damages a child’s body by cutting off the hand of a son, which was set up under the item of E, on the ground that the victimized child E (the age of 1) was f, a child of the same infants in the class of the child care center at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A complaint, statement of opinion, and statement of opinion;

1. Application of Allim photographs, victim faces photographs, and recording files and statutes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion of the claim of the defendant of Article 334 (1) of the Criminal Procedure Act and his defense counsel of the order of provisional payment claimed that the crime of this case was committed at the level of stimulation of the victimized child, and the illegality of the crime of this case is excluded.

However, even if there was a need for education of victimized children by asking the thresholds of other children, the defendant's act of leaving the damaged children who were adults 19 months after their birth at the time of the crime of this case is an act of losing objective validity in terms of social norms from the method and degree of the act. Thus, the defendant's above act cannot be viewed as a legitimate act, and thus, the defendant's assertion is rejected.