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(영문) 춘천지방법원 강릉지원 2018.06.29 2018고단243

아동복지법위반(아동학대)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No one shall commit any emotional abuse against a child that may injure his/her mental health and development.

The Defendant, as a child C (n, 13 years of age)’s relative to the victim C (n, 13 years of age), was unable to get out of the victim for about 20 minutes by opening a door at the Defendant’s house located in the East Sea around 10:00 on December 14, 2017, and opened the gate, but the victim opened the gate late but the victim opened the gate, on the ground that the victim opened the gate late, the Defendant “to open the gate, open the gate, open the gate, open the gate, open the door, and throw the gate up to 18 hours from outside the locked, and opened the door as a measure to prevent the victim from getting out of the locked for about 20 minutes without opening the locked door.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victim, and detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime, report on investigation (Attachment of photographs, such as house gate, visit, etc. of the suspect);

1. Article 71 (1) 2 and Article 17 subparagraph 5 of the Child Uniforms Act, Article 276 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 8(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses Committed to Order, that a child victimized by reason of sentencing does not want to be punished by the defendant;

The statement is made, and the child protection agency of Gangnam-gu has expressed its opinion that the cost information protection is continuously necessary for E who is the birth of the victimized child through counseling.