beta
(영문) 대전지방법원 2018.08.16 2018고단2057

아동복지법위반(아동학대)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant was the mother of the victim B (here, the current 7 years of age), and has brought up a married victim by divorce with her husband.

1. On June 30, 2017, the Defendant: (a) around 21:30 on June 30, 2017, in the office toilets of the Defendant of Seo-gu Daejeon Seo-gu Daejeon District Housing D; and (b) on the ground that the victim (the age of six at that time) was not able to properly listen to the horses, the Defendant left in his body with the victim, who was exempted from all clothes due to steel garrising with the victim’s first murder, etc. and knife at least 10 knife with the victim, etc.

Accordingly, the Defendant committed physical abuse that may harm the physical health and development of victimized children.

2. On March 7, 2018, the Defendant: (a) around 18:00 on March 7, 2018, around Daejeon; (b) around 10, up to “G” located on the 10th floor of F department stores; and (c) on the ground that the victim (age 7 at that time) was rashing the head of a woman’s mother, the Defendant was at least 10 times on the part of the victim’s toy in the shape of a snick.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Once the arrest report of the prosecution against H was made, photograph (damage photographs, etc.), 112 reported case handling list, each stenographic record, case summary, report on the results of a child abuse management meeting, investigation report, on-site ctv video photographs, results of emergency measures, investigation report (Sctv video verification), application of statutes

1. Relevant Article 71 (1) 2, Article 17 subparagraph 3 (a) of the Act on the Place of Child Welfare (the point of any physical abuse), Article 71 (1) 2, and Article 17 subparagraph 5 (the point of any emotional abuse) of the Child Welfare Act, and each choice of imprisonment, with labor, for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses, and the age, occupation, sex, environment, and crime of the accused.