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(영문) 대구지방법원 2018.02.07 2017고정1979

아동학대범죄의처벌등에관한특례법위반(보호처분등의불이행)

Text

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

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

Reasons

Punishment of the crime

The Defendant, from the Daegu Family Court on July 13, 2015, issued an order on July 13, 2015, to prohibit access within 100 meters from the protective consignment facilities, schools, etc. of victimized children C.

The order for the protection of victimized children is issued, and on April 4, 2017, the ban on access by the same court from April 12, 2017 to April 12, 2017, the prohibition of access by telecommunications use, the prohibition of access, the entrustment of protection, and the restriction/suspension of the exercise of parental authority shall be extended by July 12, 2017.

“A decision was made to extend a child protection order,” and the police officer was notified of the above extension decision around April 6, 2017.

On May 1, 2017, around 08:15, the Defendant violated the order to protect victimized children, following C(13) and the order to prohibit access by entering the school from around the Yellow High School located in 32-gil-ro 22 to the above school office in order to protect victimized children from entering the school.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application for extension of the order for protection of victimized children, each decision, written order for protection of victimized children, written execution direction, written decision for extension of the order for protection of victimized children, certified copy of the family register of accused or accused persons, and family relation certificate of suspect;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Article 59 (1) 3 and Article 47 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes that may be committed on the basis of the relevant criminal facts and the selective punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;