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(영문) 수원지방법원 성남지원 2019.07.09 2019고단949

아동복지법위반(아동학대)

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 12, 2018, the Defendant, around 12:10, committed physical abuse against a child victim C (here, 4 years of age), who is a blicker in the 1st floor plan of the building B in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, on the ground that TV is too close to TV, thereby moving the child into the room and making use of the hand and flick, thereby damaging the child’s body or undermining the health and development of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. A report on occurrence (child abuse), internal investigation report, and investigation report;

1. Each photograph;

1. The application of child abuse body list, 112 reported case list, stenographic records and Acts and subordinate statutes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 8(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse Crimes (hereinafter “Offense of Child Abuse”), the Defendant’s age exemption from the employment restriction order, risk of repeating a crime, motive, method, and consequence of the instant crime, considering the disadvantage of the Defendant by the employment restriction order, the prevention of child abuse that may be achieved by the order, and the effect of protecting the victims thereof, it is determined that there are special circumstances that may not issue an employment restriction order to the Defendant pursuant to the proviso to Article 29-3(1)