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(영문) 울산지방법원 2021.02.16 2020고단4758
아동복지법위반(아동학대)
Text

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

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

Reasons

Punishment of the crime

The Defendant, from April 15, 2019 to Ulsan-gun B, is a social service worker belonging to the Ulsan-gun, working in the “C Center” located in Ulsan-gun, Ulsan-gun, and the victim D(8) is a child who has received education at the said Center.

On May 8, 2020, the Defendant, at the above center around 16:38, led the injured person to sit on the side by leading the injured person's hand on the ground that the injured person does not come up and listen to the horse, and committed an act of abusing the body and physical health of the injured person seven times in total as shown in the attached list of crimes, by drinking, twice the head of the injured person, once the breast part of the breast part of the injured person, after having taken the bridge of the injured person who provides meals thereafter, after having taken the bridge of the injured person by drinking, once the injured person's bridge was cut down, and then the injured person's hand was cut down by hand, and then, from around that time to May 19, 2020, the Defendant committed an act of harming the injured person's body or physical development of the injured person.

Summary of Evidence

1. Court statements made by the defendant in relation to D or E;

1. Application of the F’s report on seizure of the F’s statement, pictures damaged by the list of seized children, and the investigation report in the form of victimized children (CCTV image data confirmation report);

1. Relevant Article of the Act and Article 71 (1) 2 and subparagraph 3 of Article 17 (Selection of Penalty) of the Act on the Place of Punishment for Children and the Punishment for Specific Crimes;

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. Article 8 (1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses Committed to Order;

1. The proviso to Article 29-3 (1) of the Act on the Place of Child Uniforms Exempted from an employment restriction order (where the defendant's age, occupation, criminal record, family relation, background of the crime of this case, degree of profit or disadvantage expected by the employment restriction order, anticipated side effects, prevention of child abuse crimes that may be achieved by such order, and effects of the protection of victims, etc. are comprehensively taken into account, the employment of the defendant shall not be restricted);

1. The order of provisional payment;

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