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(영문) 청주지방법원 2016.11.03 2016고정302
아동복지법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant shall operate a private teaching institute on the 6th floor in Seo-gu, Seo-gu, Seo-gu and directly teach students.

On October 29, 2015, the Defendant, in the class of a private teaching institute on October 21, 2015, 4 times knee knee kne kne knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne

As a result, the Defendant committed abusive acts that inflict bodily harm on the child.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of F (the defendant's defense counsel asserts that the physical punishment of the defendant is not illegal as it does not go against the social norms. However, it cannot be seen that the victim's other educational means make it impossible to correct his/her body punishment as stated in its reasoning. In light of the method of physical punishment, which was made by a single suit or ausal, the degree of tangible power, and the victim's age, the defendant's physical punishment cannot be viewed as an act that does not go against the social norms. Accordingly, the above argument is rejected).

1. Article 71 (1) 2 of the Child Welfare Act and subparagraph 3 of Article 17 of the Child Welfare Act, the choice of punishment for an offense, the selection of fines;

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

1. The punishment shall be determined as ordered in consideration of the circumstances of a majority, such as the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order, the fact that the defendant was unable to agree with the victim or his parents; the defendant was punished for the purpose of raising the victim; the degree of the physical punishment is not significant; and there was no record of criminal punishment.

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