2017 Highest 2817 Child Welfare Violation

A

Freeboard (prosecution) and Kim-hee (Trial)

July 21, 2017

A defendant shall be punished by imprisonment for four months.

Criminal facts

【Criminal Power】

On September 22, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Confinement) at the Busan District Court on September 2, 2015, and completed the execution of the said punishment on September 28, 2016.

【Criminal Facts】

1. The crime committed on February 28, 2017;

On February 28, 2017, at around 07:00, the Defendant committed emotional abuse that may harm the mental health and development of the victim, who is a child, by affixing a knife a knife a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife

2. A crime on March 21, 2017;

Around 22:00 on March 21, 2017, the Defendant neglected to protect and rear the victims, who are children under his/her protection and supervision, by failing to do so, even though they should go to the Egymnasium located in Busan Dong-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Photographs showing a knife on a sexual harassment by a suspect;

1. Previous record: Application of statutes to the accused, such as a police interrogation record, criminal record, etc.;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 71(1)2 and Article 17 subparag. 5 of the Child Welfare Act (a place of emotional abuse against a child), Article 71(1)2 and Article 17 subparag. 6 of the Child Welfare Act (a place of neglect against a child), and each choice of imprisonment, respectively.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (As to the above crimes)

1. Aggravation for concurrent crimes;

Although the reasoning for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is found to be erroneous, the punishment is determined as ordered by comprehensively taking into account not only the history of criminal punishment for violent crimes, but also the history of criminal punishment for multiple times, but also the crime of violent crimes that have considerable adverse effects on the emotional cultivation of friendship, such as not being familiar with the offender during the period of repeated crime, and even if they do not take the awareness of friendship at night, the crime that has considerable adverse effects on the emotional cultivation of friendship, and thus, are isolated from friendship. However, the punishment shall be determined as ordered by the order, by comprehensively taking into account the Defendant’s age, character and behavior, environment, background leading to the crime, circumstances after the crime, etc.

Judge Lee Jin-hun