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(영문) 서울남부지방법원 2020.01.09 2019고단4084
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 20:00 on April 7, 2019, the Defendant: (a) expressed that the Defendant, who was under the influence of alcohol in his own dwelling in Guro-gu Seoul Metropolitan Government B and C, takes a bath to the victim D (the age of 11) suffering from damage; (b) “Cins, fins, and kis” the victim’s side interest once fins the victim’s s side interest; and (c) the victim continued to have his son and her mother on the victim’s side (hereinafter “aftermath”), forced the victim to take the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

As a result, the Defendant committed emotional abuse that may harm the physical health and development of children and mental health and development.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Written accusation, etc.;

1. Reporting on the results of emergency measures against abused children, and the application of statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act (a point of any physical abuse against a child), Article 71(1)2 and Article 17 subparag. 5 of the Child Welfare Act (a point of any emotional abuse against a child), and each choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 8(1), (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Order to Provide community service and order to attend a child abuse shall be determined as ordered by comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, family environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all the sentencing conditions as shown in the public trial and the trial.

An unfavorable circumstance: A record of transfer of a child protection case due to a violation of the Child Welfare Act, and the probation period due to other crimes.

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