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(영문) 대전지방법원 홍성지원 2019.10.30 2019고단426
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the father and mother of the victim B(seven years of age).

1. On April 30, 2019, at around 20:0, the Defendant issued orders to the victim in the D Facilities E located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the victim in the first grade of elementary school, such as “if the victim is forced to get bullying from school, he would request the victim's active assistance in the surrounding area.” On the ground that the victim did not know of the Defendant's decoration and made another speech, the Defendant took part in both arms, bucks, bucks, etc. of the victim’s hand and hand.

2. 피고인은 2019. 5. 1. 08:00경 제1항 기재 장소에서, 자고 일어난 피해자가 침대에 배변을 보지 않았음에도 “똥 쌌다.”라고 말하면서 장난을 친다는 이유로 효자손과 손바닥으로 피해자의 양쪽 팔과 허벅지, 등을 수회 때렸다.

As a result, the defendant committed physical abuse that causes bodily harm to the victim who is a child.

Summary of Evidence

1. Defendant's legal statement;

1. [Child abuse] Report on the result of emergency measures;

1. Text messages and damaged photographs;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs of victimized children);

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 3 of the same Article concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that he/she is going to not repeat again while seriously against his/her family, the fact that an unmarried mother, who raises a victim without any help from his/her family, commits any contingent crime while raising the victim without his/her family, the circumstances that may be considered in light of the circumstances that he/she committed the crime in the course of a warning that concerns the victim's school violence, the victim is isolated from the victim who is his/her child for a half-year period in this case, the victim suffers from suffering due to his/her isolation for the same criminal record or fine,

1. Article 8(1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes shall be applicable to the Child Welfare Act;

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