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(영문) 서울동부지방법원 2020.06.19 2020고단762

아동복지법위반(아동학대)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father and father of the victimized child B (the birth of February 2009).

On March 22, 2019, between 13:00 and 15:00 on the same day, the Defendant: (a) saw the child’s tobacco from the dwelling space in Gwangjin-gu in Seoul Special Metropolitan City and the Defendant’s dwelling space in the head of Seoul Special Metropolitan City and Da; (b) putting the child into the room with his/her mother and opened a door to a locked door and opened a door to the locked door; and (c) threatened the child’s back end part of the son who was seated in the locked, 3:4 tightly tightly tights of the son, and harming the child when she leads the child.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Investigation report (victim B telephone communications);

1. Application of Acts and subordinate statutes to response to decisions prior to investigation;

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 5 of the Child Welfare Act, the choice of punishment for an offense, and the choice of imprisonment with labor;

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

1. Article 62-2 of the Criminal Act; Article 8 (1), (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. Reasons for sentencing under the proviso to Article 29-3(1) of the Child Welfare Act (the special circumstance to not restrict the Defendant’s employment is acknowledged) (the defendant’s employment should not be restricted, in full view of the defendant’s age, occupation, criminal record, family relationship, home environment, the circumstances and result of the instant crime, the degree of benefits and disadvantages expected by the employment restriction order, expected side effects, the anticipated side effects, the prevention of child abuse crimes that may be achieved by the employment restriction order, the effect of protecting the victims, etc.

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (a decision of type), and arrest, confinement, abandonment, or abuse;

(a) general.