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(영문) 서울북부지방법원 2020.07.21 2019고정1943

아동복지법위반(아동학대)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In Dobong-gu Seoul Metropolitan Government, the Defendant is an instructor of music programs teaching the drama for adults, juveniles, etc., and the victim D (10 years of age) and victim E (8 years of age) are students who learn the forum from the Defendant.

1. On June 18, 2019, the Defendant committed the crime against the victim D on June 19, 2019, on the following grounds: (a) at the music room of the second floor C2; (b) on the ground that the victim D (the age of 10) faced with other students and faced with the corridor and interfered with the number of adults proceeding in the music room, the Defendant took the victim on his hand and her bridge up the victim on his/her floor; (c) put the victim on his/her bridge; and (d) put the victim on his/her bridge up the floor; and (d) put the victim on his/her dial dial 40cm in length at one time, engaged in emotional abuse that may harm the mental health and development of the child.

2. At around 19:40 on June 18, 2019, the Defendant committed a physical abuse against the victim E with a drum (40cm in length) in which the victim E (the 8 years of age) was faced with other students, and her corridord with his/her corridord, and interfered with the number of adults proceeding in the music room, thereby impairing the victim’s left part of the arms at one time, thereby causing damage to the child’s body or undermining physical health and development.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Some statements made in the police interrogation protocol regarding D;

1. Records of statements made by each victimized child victim;

1. Investigation reports (to attach drum photographs used by a suspect for committing a crime);

1. Application of the Acts and subordinate statutes on the screen of a CCTV image closure;

1. Relevant legal provisions concerning facts constituting an offense, Article 71 (1) 2, Article 17 subparagraph 5 (the fact that a person commits emotional abuse), Article 71 (1) 2, and Article 17 subparagraph 3 (the fact that a person commits physical abuse) of the Child Welfare Act, and Article 71 (1) 2 of the Child Welfare Act, the selection of each fine;

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