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(영문) 수원지방법원 안산지원 2021.01.14 2020고단4445

아동복지법위반(아동학대)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the father of victimized child B (math, 15 years of age), victimized child C (math, South Korea, and 16 years of age). From September 29, 2020 to around 00:00 to around 00:15, the defendant found the defendant's residential area located in Sinung City D as "the person who drinks it only", and the above B entered the room and walked with the cover, and the defendant walked with the above B at one time on his hand. The defendant continued to fight the horses of the defendant and E at four times as drinking.

As a result, the Defendant committed physical abuse against children that may injure their body or injure their physical health and development.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement protocol 112 to C, B, and E of the Act and subordinate statutes governing the handling of reported cases;

1. Selection of a fine, comprehensively taking into account the relevant legal provisions concerning the facts constituting an offense, Article 71 (1) 2 and Article 71 (1) 3 of the Act on the Place of Child Uniforms for the Selection of Punishment, and each of the fines (the defendant himself/herself is the primary offender, makes a confession, and is against himself/herself, etc.);

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the same Act, and Articles 70(1) and 69(2) of the same Act, the attraction of concurrent crimes into a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses Committed to Order;

1. The main sentence of Article 29-3 (1) of the Child Reinstatement Act, which is an employment-restricted order;