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(영문) 서울서부지방법원 2018.07.11 2018고단1693

아동학대범죄의처벌등에관한특례법위반(보호처분등의불이행)

Text

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

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two-year imprisonment with labor for a crime of violating the law of the branch of children (Habitual child abuse) at the Seoul Western District Court on November 30, 2016, and the probation period becomes final and conclusive on December 8, 2016.

[2] The Defendant was ordered to protect victimized children by prohibiting access within 100 meters from the Seoul Family Court to July 13, 2017, which is the residence of victimized children, from the Seoul Family Court, to July 12, 2018, by means of the electronic method, such as wire, and by prohibiting the transmission of signs, language, sound, or images to the victimized children’s handphones or e-mail addresses.

Nevertheless, at around April 28, 2018, the Defendant: (a) opened a cell phone with the victimized child C on the phone of the victimized child C, and accessed the phone using telecommunications; (b) opened the mark on April 29, 2018 on the first floor of the victimized child’s residence on April 29, 2018; and (c) accessed the victimized child within 100 meters of the victimized child’s residence and did not comply with the victimized child protection order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on record of cell phone conversations for victimized children;

1. Article 59 (1) 3 and Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Punishment of Crimes and for the Selection of Punishment, etc. for such Crimes; Selection of each fine;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant committed the instant crime in favor of him/her without hedging his/her mental shock that may be suffered by the victimized children due to his/her own act despite the fact that he/she committed the instant crime even though he/she was under probation due to the violation of the law of the branch of children (Habitual child abuse): The defendant recognized the instant crime and reflects the defendant's age;