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(영문) 대구지방법원 포항지원 2017.11.22 2017고정434

아동학대범죄의처벌등에관한특례법위반(보호처분등의불이행)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

around July 26, 2017, the Defendant was suspected of committing physical abuse against the Defendant’s children on or around July 26, 2017, and ordered the Defendant to leave from South-gu B apartment at the time of port on August 1, 2017, 106 Dong 912 as “ victimized children C, D’s housing at port, and B apartment at the time of port of port of port of residence, and 106 Dong 912, and to leave the residence of the victimized children by September 29, 2017.

Despite the fact that the Daegu District Court's ruling on temporary measures in 2017 Dongdodoz 32 was issued, it did not leave the above place.

Accordingly, the defendant, as a child education agent, did not implement ad hoc measure under Article 19 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on internal investigation (a document on delivery of a written decision on temporary measures);

1. Article 59 (1) and Article 19 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes that may be committed on the basis of the relevant criminal facts and the selective punishment;

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

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