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(영문) 서울서부지방법원 2020.11.10 2020고단1993

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

A. The Defendant is the father of the victimized child B (n, 16 years of age).

1. The Defendant committed the crime of April 20, 2020, around 08:15, on April 20, 2020, committed physical abuse by assaulting the victimized party and assaulting the victimized party, who was at least twice in the residence of the accused and the victimized party in Mapo-gu Seoul Mapo-gu Seoul ************** because the victimized party did not hear the online ordinance that was late, and there was telephone from the host teacher.

2. On April 21, 2020, the Defendant committed the crime of Apr. 21, 2020, at the same place as Paragraph 1, at the same time as that of paragraph 1, the Defendant abused the victimized child by assaulting the victimized child in a stroke lease located in the kitchen, and by assaulting the victimized child two times of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partial police officers of the accused;

1. Protocol of the police statement concerning B;

1. B written statements;

1. A written confirmation of medical treatment, written opinion, records of outpatient medical treatment, report on emergency measures, confirmation of urgent interim measures, and notification;

1. Application of Acts and subordinate statutes to each investigation report (Submission of photographs on the upper part and the hearing of telephone statements);

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 and Article 71 (1) 2 of the same Act concerning the selection of punishment.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The Defendant’s age, occupation, criminal record, family relation, home environment, the background and consequence of the instant crime, the degree of benefits and disadvantages expected by the employment restriction order, expected side effects, and the prevention of child abuse crimes that can be achieved therefrom, including the fact that the order to attend a lecture alone under the proviso of Article 29-3(1) of the Child Welfare Act, can expect the effect of preventing recidivism.