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(영문) 서울북부지방법원 2012.09.26 2011고단1656

아동복지법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates the “E Child Care Center” in the Dobong-gu Seoul Metropolitan Government D apartment 103 Dong 101.

On July 2010, the Defendant abused the victim F (Gs) with a length of 50 centimeters at the above child care center on several occasions at the border of a day unknown to him/her, thereby damaging the child’s body.

Summary of Evidence

1. Statement made by a witness H in the third protocol of the trial;

1. Part I of the prosecutor's protocol of interrogation of the defendant against the defendant

1. The application of Acts and subordinate statutes to record and report recording;

1. Article 40 Subparag. 2 of the Child Welfare Act and Article 29 Subparag. 1 of the former Child Welfare Act (wholly amended by Act No. 11002, Aug. 4, 201); the selection of fines for criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On July 2010, the Defendant: (a) committed an act of abusing a child’s body by setting up and keeping F in front of the table, making F enter the hand room, and causing damage to the child’s body, on the ground that the child-care center as indicated in the judgment from the end of 16:30 to 18:40 did not stop sounding and stop sounding.

2. 판단 ㈎ I의 법정진술에 따르면, ‘2시간 또는 3시간 동안 F이 울 때마다 입을 때렸다.’는 것이고, 이로 인하여 ‘윗입술 안쪽이 피가 났고 피를 닦아 주었다.’는 것이며 검찰에서 ‘오후 4시30분에서 6시40분까지 때렸다. 입술 안쪽에서 피가 났다. 피멍이 들었다.’라고 진술하였다. ,

According to the statement of investigative agency, “F had continued to have been bucks with blood and blood.”

However, as in the above statement, if the blood bucks with customers and the degree of being able to buck up with their blood during a long time, as in the above statement, the F merely 2 years old and 9 months was considerably shocked, and H was complaining of his father immediately after that fact, not only did it have been true but also on the day by the prosecution.