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(영문) 의정부지방법원 2020.07.22 2019고단5974

아동복지법위반(아동학대)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a sports club “B” and the victim C (year 12) is a elementary school student and is a member of a “B” sports club.

At around 20:30 on August 29, 2019, the Defendant: (a) discovered that the victim, who is a child, is playing with her friendships without having her movement; and (b) took care of the victim on the ground that the victim was her fluor; (c) took a bath to her fluor, “this fluor,” and her fluor, when she took care of the victim’s her fluor, he/she saw the victim’s left fluor with his/her hand at one time.

As a result, the defendant committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of C’s written victim photographic Acts and subordinate 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. Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. The reason for sentencing of the proviso of Article 29-3(1) of the Child Welfare Act to exempt the employment restriction order under Article 334(1) of the Criminal Procedure Act (i.e., the defendant’s age, occupation, risk of repeating a crime, details of a crime, method of a crime, result of a crime, the degree and expected side effects of the defendant’s disadvantage due to the employment restriction order, the prevention of child abuse crime that can be achieved by such order, and the effect of protecting the victim, etc.), the defendant committed physical abuse when he/she has boomd the victim who is a member of the stable club operated by him/her.

In light of the nature and circumstances of the assault, it can be said that the victimized party was suffering from considerable mental pain.

The accused shall assist the physical and emotional development of the victim, who teaches cattle to the victimized child.