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(영문) 서울동부지방법원 2020.05.11 2019고단3455
아동복지법위반(아동학대)
Text

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

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

Reasons

Punishment of the crime

The defendant is the mother of the victimized child B (here, 15 years of age).

On August 5, 2019, between 09:00 and 10:00 on the same day, the Defendant exceeded the clothes of the victimized child from the G building in Gangdong-gu Seoul and the Defendant’s residence in D, on the ground that the victimized child want not to have his/her sexual seedlings together, and then spread it into the face and body of the victimized child several times with his/her molecular arms, and thereby, the Defendant saw the Defendant’s hand that the victimized child brued with his/her brupt, “anywhere the same year, where he/she is the parent body, he/she sons his/her son.” The Defendant brud the victimized child with his/her hair head, etc. by drinking, and continued to catch the head of the victimized child’s head, and brud it several times with his/her hairs, bridges, etc., and boomed the victimized child’s body, and boomed the victimized child with his/her body.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victimized child.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of B’s written laws and regulations;

1. Article 71 (1) 2 of the Child Welfare Act, Article 17 subparagraph 5 of the Child Welfare Act, the selection of a fine for an offense, or the selection of a fine for negligence;

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

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

1. proviso to Article 29-3 (1) of the Child Welfare Act exempt from an employment restriction order ( comprehensively taking into account the details and motive of the crime committed, the degree and expected side effects of the defendant's disadvantage due to the employment restriction order, the preventive effects of crimes of child abuse that may be achieved therefrom, and the effects of protecting victims, etc

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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