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(영문) 서울남부지방법원 2021.02.24 2019고단6503
아동복지법위반(아동학대)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On May 28, 2018, the Defendant: (a) around 06:00, around May 28, 2018, on the ground that the victim D (16 years old) who is the son of the Defendant (16 years old) did not do so at all in the Defendant’s residence located in Guro-gu Seoul Metropolitan Government B and C; (b) when the Defendant d (16 years old) taken her part with the Defendant’s left arms, and she she she d

2. On June 5, 2018, at around 07:50 on June 5, 2018, the Defendant committed assault, such as: (a) the Defendant, at the Defendant’s residence located in Guro-gu Seoul E and F, brought the victim’s neck by hand on the ground that the victim would late sleep; and (b) the Defendant, by hand, took the victim’s neck from the back to the back of the victim; and (c) the Defendant embling or boomed the victim’s neck on the part

As a result, the defendant committed physical abuse that may harm the body of a child victim or harm physical health and development.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Details of reports, 112, details of 117 reported and consulted, application of Acts and subordinate statutes to the written statements of D;

1. Article 71 (1) 2 and Article 17 subparagraph 3 of the Act on the Punishment of Children and Child Uniforms and the Selection of each fine for the crime;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant did not commit any physical abuse as described in the facts charged.

2. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and investigated by this court, the Defendant’s act of physical abuse against the victim’s body or the physical health and development as stated in the facts charged can be acknowledged.

(1) The victim committed physical abuse against the victim, such as the statement in the facts charged, from an investigative agency to this court.

The purport of “..........”

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