(영문) 대전지방법원 논산지원 2020.03.24 2019고단571



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

From January 2002 to April 2015, the Defendant maintained a de facto marital relationship with B, and the victimized child C (Nam and 15 years of age) is a child between the Defendant and B, and the Defendant has been raising the victimized child by living together with the victimized child from Apr. 2, 2015 when the de facto marital relationship was terminated.

At around 08:10 on November 26, 2019, the defendant, at the end, 08:0 on November 26, 2019, 5 times the face of the victimized child was taken five times a week on the ground that the victimized child was sleeped in D, E, and the victimized child was sleeped in middle school even though the victimized child should attend the middle school.

Accordingly, the Defendant committed physical abuse that may harm the physical health and development of victimized children.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. 112 Reporting case management table;

1. [Child Abuse] Application of the Emergency Measures Report Act and the Acts and subordinate statutes

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing that the Defendant did not issue an employment restriction order pursuant to the proviso to Article 29-3(1) of the Child Welfare Act, which was exempted from an employment restriction order pursuant to Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, was the victim’s relative, and the Defendant abused the victim, who is a child, despite his/her duty

In addition, even in 2016, the defendant was sentenced to a suspended sentence of ten months for the same abuse of the same victim, and even though he was sentenced to a suspended sentence of three years for a long time, he has long been sentenced to a previous penalty or imprisonment.

However, the defendant seems to have assaulted the victim by contingent means while raising the words with the victim as a problem of violence, and the criminal administration itself is easy compared to the previous criminal records of the same kind, and it seems that such circumstances have been reflected in the old sentence of the prosecutor.

In addition, the defendant's age, character and conduct, environment, and circumstances after crimes are shown in the argument of this case.