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(영문) 울산지방법원 2018.12.13 2018고단1793 (1)
아동복지법위반(아동유기ㆍ방임)등
Text

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

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

Reasons

Punishment of the crime

The defendant has been bringing up after having given birth of D(the current age four) who is a C victimized child between B and B.

No one shall commit any physical abuse against a child under his/her protection and supervision or undermining his/her physical health and development, or any emotional abuse causing harm to the mental health and development of a child.

On December 31, 2016, the Defendant, at around 07:40 on December 31, 2016, caused the victimized child to face her head at one time on the hand, on the ground that the victimized child was in his/her own residence in Ulsan-gun E2, Ulsan-gun, Ulsan-gun, and caused the victimized child to face her head at his/her bed.

Accordingly, the Defendant committed physical abuse against victimized children that may injure their body or injure their physical health and development, and emotional abuse that may injure their mental health and development.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 71 (1) 2, Article 17 subparagraph 3, and Article 17 subparagraph 5 of the Local Child Uniforms Act / [Selection of penalty) concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The case was finally criminalized because the defendant's claim against the defendant (the counsel) under Article 334 (1) of the Criminal Procedure Act and the defendant's reasoning for the determination of the judgment and the sentencing of the punishment. On the other hand, the degree of the abuse of this case is relatively minor and the fact that the defendant's act in the judgment of the defendant is within the limit of the tolerance limit for the children affected by social norms. However, the defendant's age, occupation, sex, family relationship, and family relation are not accepted in light of the contents and contents of the abuse.

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