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(영문) 의정부지방법원 2018.06.21 2018고정242
아동복지법위반(아동학대)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, around June 2016, remarriedd with D, the father of the victim C, who is the father of the victim C, and is currently in a divorce lawsuit and is the mother of the victim.

A. On March 10, 2017, at around 06:50, the Defendant: (a) went into a toilet where the victim gets a cleaning agent in Seoul Special Metropolitan City, Nowon-gu E and 101; and (b) took a brupt and fluence of head at the place where the victim gets a shower; (c) caused physical abuse on the part of the victim, who was fluent before the brush in order to take out a brush, by having the victim’s left side brush, cut off two times by having the brush of the brush in front of the brush; and (d) caused bodily harm, such as the b

B. On March 15, 2017, at around 07:30, the Defendant: (a) inflicted physical abuse on the part of the fore part of the victim, who was snicking in front of the fore part in a toilet in Seoul Special Metropolitan City, Nowon-gu E and 101, with the right shoulder of the victim’s left side of the fore part; and (b) engaged in two-day medical treatment on the part of the fore part of the fore part in need of two-day medical treatment.

2. The victim’s statement and the victim’s medical certificate of injury are admissible as evidence for each of the facts charged in the instant case.

However, in full view of the following circumstances acknowledged by the record, the evidence submitted by the prosecutor alone is difficult to acknowledge each of the facts charged of this case, and there is no other evidence to prove it otherwise.

A. Regarding the credibility of the victim’s statement, considering the fact that the victim was the first-year high school of 15 years old at the time of the instant case and the passage of the trial date, it is difficult to believe the victim’s statement as it seems consistent with the facts charged, in full view of the following circumstances.

① 2017. 3. 10. 자 폭행에 관하여, 피해자는 2017. 3. 26. 성폭력피해 통합지원센터에서, ‘2017. 3. 10. 06:50 경 화장실에서 볼일을 보고 있었는데 피고인이 갑자기 들어와 쭈그려 앉아서 머리를 감았다.

In both sides, the defendant was faced with her head, and her body far left by the defendant.

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