아동학대범죄의처벌등에관한특례법위반(보호처분등의불이행)
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who received a decision to take ad hoc measures on January 31, 2020 from the Youngcheon District Court’s monthly branch to March 30, 2020 to not approach B’s residence within a 100-meter radius, by doing self-injury on several occasions before seeing B (Nam, 17 years of age).
1. The Defendant, from around 08:00 on February 12, 2020 to around 09:00, did not implement ad hoc measure of no access within 100 meters from B’s residence by leaving B as a parking lot in front of the house in Taecheon-si C apartment D's outer shotleg located in Taecheon-si where B had been suffering from the Defendant’s abuse and left B as a parking lot.
2. The Defendant, on February 25, 2020, did not implement ad hoc measures within 100 meters from the dwelling of B by entering the said C apartment D into the said C apartment D house, on the ground that he brought the cell phone of large father F, around 07:00.
3. The Defendant, on March 6, 2020, did not implement ad hoc measure of no access within 100 meters from the residence of B by entering the said C apartment D into the house of the said C apartment D, on the ground that he brought half on March 6, 2020.
4. The Defendant, on March 11, 2020, did not implement ad hoc measures of no access within 100 meters from the residence of B by entering into the said C apartment D house, on the ground that B did not engage in F’s self-injury on March 11, 2020, because B did not do so.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Decision on temporary measures, decision on the extension of temporary measures, and application of statutes governing the 112 Reporting Cases;
1. Relevant Article 59 (1) 1 and Article 19 (1) 2 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes and Selection of Punishment, etc. for Punishment of Child Abuse Crimes, and Selection of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The confession of the accused for sentencing under Article 62(1) of the Criminal Act, the intention of punishing victimized children, etc. shall be considered.