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(영문) 의정부지방법원 2021.03.24 2020고단7011
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

There was a clerical error in each of the crimes places of this case.

1. On September 2020, 2020, the Defendant abused a child to a police officer on September 1, 2020, on the ground that the Defendant did not comply with the table table of meals at the Seocho-si apartment B apartment, and the Defendant’s residence in the Defendant’s house in the Defendant’s Case C, and the Victim D (V, 13 years old), who is a child, did not observe the table table. The Defendant bomed the victim by double hand, and bomed the victim over the floor by pushing the victim.

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

2. 2020. 11. 28. 자 아동 학대 피고인은 2020. 11. 28. 10:30 경 피고인 모친의 주거지인 포 천시 E에서, 위 피해자가 조모에게 버릇없이 행동하였다는 이유로 화가 나, 손으로 피해자의 얼굴을 수회 때리고, 발로 피해자의 얼굴과 상체를 수회 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of the Acts and subordinate statutes concerning photographs, such as violence of victims;

1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 3 of the Act on the Place of Punishment of Children and the Selection of Imprisonment with prison labor for the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed for the crimes of violation of the Local Punishment of Children (Child Abuse) with heavy penalty on November 28, 2020];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 8 (1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Abuse against children ordered to attend lectures and protected and observed;

1. The proviso of Article 29-3(1) of the Child Reinstatement Act exempt from the employment restriction order (the details, method, and result of the crime, the risk of repeating the crime, the possible side effects and expected side effects of the defendant's disadvantage due to the employment restriction order, and the prevention of the child abuse crime that can be achieved thereby.

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