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(영문) 서울서부지방법원 2016.12.07 2016고단2078

아동복지법위반(아동학대)

Text

A defendant shall be punished by imprisonment for not less than eight 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 married with D, who is the father of the victim, around 2010, as the mother of the victim C(the age of 11), and lived with the victim since 2014.

1. On April 2016, the Defendant committed physical abuse that harms the physical health and development of a child by placing the victim’s face four times on his/her hand, on the ground that the victim stated the victim’s abusive act at the police station in Seodaemun-gu Seoul, Seocho-gu, Seoul, in the Defendant’s house located in the Defendant’s 1st floor.

2. Around June 6, 2016, the Defendant committed a physical abuse that may harm the physical health and development of a child by placing the victim, etc. three times on his/her hand, on the ground that the victim did not drink the drug at the home of the above Defendant, and on the ground that the victim did not drink the drug.

3. Around June 7, 2016, the Defendant committed physical abuse that may harm the physical health and development of a child by taking five times the victim’s end-of-age (30cm in length) into account plastic persons (30cm in length) on the ground that the victim did not have been able to do so at the home of the above Defendant.

4. Around June 8, 2016, the Defendant committed physical abuse that may harm the physical health and development of a child by booming the victim’s scam at 20 times with her hand on the ground that the victim returned home late, and by scambling the victim’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. The Defendant’s video CD and stenographic records and defense counsel asserted to the effect that the Defendant partially different criminal facts, such as the recovery of the victim’s body, and that the degree of the Defendant’s act was not an abuse to the extent that it would undermine the physical health and development of the child, and that the act constitutes a justifiable act that does not go against social norms beyond the degree of physical punishment during the discipline process. However, according to the evidence duly adopted and investigated by the court, the Defendant’s physical health and development as stated in the above criminal facts are likely to