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(영문) 의정부지방법원 고양지원 2017.04.14 2016고단3717

아동학대범죄의처벌등에관한특례법위반(보호처분등의불이행)

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From July 2013 to February 20, 2016, the Defendant was issued an ad hoc protective order with the content that “A victim C (14 years of age), victim D (12 years of age), and victim E (8 years of age) committed physical abuse against a child during the Defendant’s residence in the Defendant’s residence, and was subject to an ad hoc protective order with the Central District Court on May 20, 2016, which issued an ad hoc protective order with the effect that “ad hoc protective order is issued within 10 meters of access from the residence and school (F elementary schools) of victimized child E by July 19, 2016, by November 19, 2016.”

Nevertheless, on November 1, 2016, the Defendant violated the above provisional protective order, such as setting up the Defendant’s vehicle (H) in the vicinity of about 30 meters away from the residence of the victims in Gyeyang-gu G at the time of Goyang-gu around November 1, 2016, and finding the victims’ residence.

From July 2013 to February 20, 2016, the Defendant was issued a temporary protection order stating that “A victim C (14 years of age), victim D (12 years of age), and victim E (8 years of age) who is a child of the Defendant’s friendship in the Defendant’s residence was guilty of committing physical abuse against the Defendant, and was subject to an extension of ad hoc measures by September 19, 2016, for instance, on May 20, 2016, by committing physical abuse (child abuse).” The Defendant was issued ad hoc protective order to prohibit access within 100 meters from the dwelling and school (F elementary schools) of victimized children E and (F elementary schools until July 19, 2016.

Nevertheless, on July 15, 2016, the Defendant was in violation of the above ad hoc protection order by setting up a vehicle in front of the F elementary school, which is going to the victim E (8 years) in Gyeyang-gu at the time of Goyangyang-gu around July 15, 2016.

Summary of Evidence

"2016 Highest 3717"

1. Statement by the defendant in court;

1. Each police statement made to J and C;

1. A copy of a decision on ad hoc measures or decision to extend ad hoc measures;

1.Each.