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(영문) 대구지방법원 2019.06.27 2019고정397

아동복지법위반(아동학대)

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 is the mother of victimized children B (n, C) and D (n, South and North).

1. On December 2017, the Defendant made a emotional abuse that harms the mental health and development of a child by speaking at the Defendant’s home located in Daegu Northern-gu, as “humma and homicide” in front of the victimized child B, at the Defendant’s home located in the Defendant’s house located in Daegu Northern-gu.

2. On April 9, 2018, the Defendant, at the above Defendant’s home, set up only the victimized children in the house, even though there was no person to protect the victimized children due to the business trip of G, the father of the victimized children, at the Defendant’s house, and went out of the house, and neglected to protect and rear the victimized children under his/her protection and supervision on April 10, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each police interrogation protocol against the accused;

1. Each police statement made to H, G, and I;

1. Stenographic records;

1. A report on internal investigation (a statement of a child victim and his mother at the time of counseling), internal investigation report (a field investigation report, etc. attached to a specialized child protection agency) [a statement that the defendant and his/her defense counsel did not make the statement as stated in the judgment of the court below, but according to the relatively detailed statement, etc. of the child victim B, it is recognized that the defendant made the statement to the effect that he/she did not have made the statement as stated in the judgment. Accordingly, the defendant and his/her defense counsel's assertion is rejected]

1. Relevant legal provisions concerning facts constituting an offense, Article 71(1)2, Article 17 subparag. 5 (a point of emotional abuse), Article 71(1)2, and Article 17 subparag. 6 (a point of neglect) of the Child Welfare Act, the selection of each fine for the crime;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Child victims.