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(영문) 수원지방법원 2020.10.29 2020고단1354

아동복지법위반(아동유기ㆍ방임)등

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 of the final judgment.

Reasons

Punishment of the crime

The defendant is the guardian of the victim as the parent of the victim B (the age of 11).

1. No person who violates the Child Welfare Act shall commit any act of physical abuse against a child, undermining the physical health and development of the child, any emotional abuse harmful to the mental health and development of the child, abandon the child under his/her protection and supervision, or neglect the basic protection, rearing, medical treatment and education, including food, clothing and shelter;

Nevertheless, the Defendant: (a) resided with the victim in the dwelling area of the building C in Suwon-si, Suwon-si, and told or prevented him from leaving the school without any particular reason from entering the school from March 3, 2014 to January 15, 2019; (b) forced the victim to attend school for 66 days at E elementary school; and (c) prevented him from leaving school for three days.

2. Violation of the Child Welfare Act (child abuse);

A. On around 2016, the Defendant: (a) around Suwon-si, Suwon-si C building D, and (b) expanded posts of the victim without any reason.

B. On November 2018, 2018, the Defendant, at the same place as indicated in the above-mentioned 2’s paragraph (a), found the victim’s head at one time with toy without any reason.

C. On November 2018, the Defendant: (a) took one time as a boomer, and was frighted to drink.

As a result, the Defendant committed physical abuse that inflicts bodily harm on the child.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and B;

1. Investigation reports (Attachment of life records of victimized children), investigation reports (Listening to statements of suspects, etc.);

1. Requests for delivery of counseling materials for child abuse cases, and the application of Acts and subordinate statutes concerning counseling for children;

1. Relevant Article 71(1)2 of the Child Welfare Act, Article 71(1)6 of the Child Welfare Act, Article 17 subparag. 2 of the Child Welfare Act, Article 71(1)2 of the Child Welfare Act, and Article 17 subparag. 3 of the Child Welfare Act (a person who commits any physical abuse), the choice of imprisonment for a crime;

1. The Criminal Act among concurrent crimes.