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(영문) 수원지방법원 여주지원 2019.02.20 2018고정557
아동복지법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On January 22, 2018, the Defendant was sentenced to imprisonment with prison labor for special injury, special obstruction of performance of official duties, and obstruction of performance of official duties in the Gwangju District Court’s Branch on January 22, 2018, and the judgment became final and conclusive on January 30, 2018.

【Criminal Facts】

On July 18, 2017, around 22:59, the Defendant, in the Defendant’s residence located in Sinpo City B, promulgated the child victim C and the child victim D to E, who is the friendship of the victimized child, by “clocker, boomed boom at a restaurant, booming booming boom, booming E and the mobile phone owned by E and C with each floor, breaking the cellular phone owned by E and C as a floor, and breaking the free window for drinking, etc., and thereby, promulgated the victimized child in the above residence.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation report (Attachment of the statement recording and recording records, etc.), police statement of stenographic records;

1. The Defendant alleged that the act as stated in its reasoning was not an emotional abuse against the victimized child. However, according to the evidence adopted and investigated by this court, even before the act was committed by the victimized child, the Defendant was found to have committed the act of causing the victimized child to witness the domestic violence. Thus, even if the Defendant did not have any purpose or intent of emotional abuse against the victimized child, it is deemed that the Defendant had sufficiently recognized the risk or possibility of undermining the mental health and development of the victimized child due to the Defendant’s act, as such, even if the Defendant had no intention or purpose of emotional abuse against the victimized child, the above assertion is without merit.

Application of Statutes

1. Article 71 (1) 2 of the Child Welfare Act concerning facts constituting an offense.

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