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(영문) 수원지방법원 안산지원 2021.03.18 2020고단3678
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant had maintained a de facto marital relationship with B since 2018, and the victimized child C ( South, 9 years old) is a child of the above B.

1. On May 25, 2020, the Defendant took part in online learning at the Defendant’s home room located in Ansan-si, Seosan-si, the 17:00 on May 25, 2020, where the victimized child took part in online learning.

On the ground of the false statement, when the body of the victimized child was knifeed with a dust from plastic material, the number of days of treatment cannot be known due to the loss of the victimized child’s body, and the act of physical abuse was committed, such as putting about about 10 minutes of punishment, and putting up a punishment as a head of a shotum.

2. At around 18:00 on July 24, 2020, the Defendant: (a) committed physical abuse, such as assaulting the victimized child’s body in several instances on the ground that the victimized child did not attend online learning; (b) carried out games using handphones; and (c) deleted games; and (d) took the face of the victimized child on the floor by hand; (b) continuously booming the damaged child’s body with a dust from plastic material, the victimized child’s body was unable to know the number of days of treatment when the victimized child’s body was taken several times; and (c) kneel kel and keling the victimized child with hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes governing stenographic records or photographs taken by damaged parts;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses by Ordering Education is that the Defendant’s liability is not less complicated in light of the degree of the instant abuse act and the circumstances where the victimized child was received.

However, the case seems to result in this case in the course of trying to correct the attitude of the victimized child, such as making the victimized child unfaithfully in online learning or making a false statement.

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