logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2017.06.21 2017고단329
아동복지법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the president of a private teaching institute teaching students and operates the "C driving school" in Gangseo-si B (1st floor), and no one shall commit any physical abuse that may cause any damage to children's body or harm physical health and development.

Nevertheless, on November 1, 2016, the Defendant assaulted the victim E (the 10 years of age) who is the student of an educational institute, on the ground that the victim D (the 13 years of age), who was the student of the above educational institute, did not have been able to do so, on several occasions, on the ground that he/she did not have been able to do so. On November 28, 2016, the Defendant assaulted the victim E (the 10 years of age) who is the student of a private teaching institute, while conducting English classes in the same educational course, on the ground that he/she did not have been able to do so and neglected to do so.

As above, Defendant 1 committed physical abuse, which causes physical harm to children, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Act and Article 71 (1) 2 and subparagraph 3 of Article 17 of the Act on the Punishment of Children and Child Uniforms (Selection of Each Fines) concerning the facts constituting an offense;

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

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

1. The suspension of sentence (type and quantity of the suspended sentence: A fine of one million won, and ten days for detention in a workhouse) is contrary to the grounds for sentencing under Article 59(1) of the Criminal Act (see, e.g., the following grounds for sentencing), and the same mistake is not repeated;

The sentence shall be suspended to the maximum extent possible, taking into account the following factors: (a) the motive for the instant crime, the injured child, and their parents who have not been punished; (b) the fact that there is no criminal history; (c) the situation of being unable to engage in the same type of business between ten years at the time of sentence; and (d) the family environment and support relationship of the accused; and (c) the sentence shall be suspended.

arrow