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(영문) 춘천지방법원 영월지원 2020.01.21 2019고정87

아동복지법위반(아동학대)

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a child victim B (five years of age), C (n and four years of age).

At around 23:00 on December 27, 2018, the Defendant: (a) reported that the entrance of the Defendant was closed, and that the Defendant was “I” to the victimized Party B; (b) however, even though the victimized Party B did not differ to the Defendant; and (c) the victimized Party C, who was being in an inner part of the Defendant, did not locked up until late at night, was hicked once by hand at the seat of the victimized Party C; and (d) later, when the head of the victimized Party B was hicked twice by hand.

In accordance with the legal statement of the child victim E (the birth of Cambodia, acquired the nationality of the Republic of Korea around 2018), the order of assault against the child victim among the facts charged shall be changed to the extent that it does not interfere with the defendant's exercise of his/her right to defense.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of children.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Domestic history reports (as to the situation at the time of leaving the scene), 112 report handling records, family environment investigation records, internal report (as to attachment of family relation certificates, etc.), marriage certificate (as long as the defendant and his/her defense counsel asserted that there was no assault against the victimized children, the defendant and his/her defense counsel are sufficiently recognized in light of each evidence, such as the statements of the victimized children E and the 112 report handling records, etc., as stated in the facts charged, and the above argument is not accepted).

1. Article 71 (1) 2 and Article 17 subparagraph 5 of the Child Welfare Act, the selection of applicable laws and punishment for facts constituting an offense, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Exemption from an employment restriction order under Article 334(1) of the Criminal Procedure Act, which is a provisional payment order;