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(영문) 부산지방법원 2019.07.17 2019고단510

아동복지법위반(아동학대)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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a scientific instructor of “C” that a victimized child B (n, 16 years of age) attends from November 2015, and has taught with a victimized child since October 2016.

No person shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development.

At around 10:00 on April 23, 2017, the Defendant discovered the fact that the victimized child was sent and received text messages from other men at the Handphone of the victimized child at the toilet in the middle-gu Busan, and around 30 minutes in the dwelling of the Defendant, the Defendant committed physical abuse of the victimized child by assaulting the victimized child for about 30 minutes, such as a scam and a scam, in which the victimized child was sent from the toilet, making a cleaning agent in the toilet, sound “other male contact with him”, and leading the head head, face, arms, etc. of the victimized child into the room, and leading the head, face, scam, etc. of the victimized child to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made against B;

1. Application of statutes on photographs of damage;

1. Article 71(1)2 of the Child Welfare Act and Article 17 subparag. 3 of the same Act concerning facts constituting an offense, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. Reasons for sentencing under Article 2 (1) of the Addenda to the Child Welfare Act (Act No. 1589, Dec. 11, 2018); the main sentence of Article 29-3 (1) of the Child Welfare Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (a decision of type), and arrest, confinement, abandonment, or abuse;

(a) The elements of mitigation [the general criteria] serious abandonment and abuse [the type 2] mitigation factors: the area of mitigation of punishment [the area of recommendation and the scope of recommendation punishment], the area of mitigation of punishment, and two months to one year;

3. Determination of sentence: The defendant shall driving school;