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(영문) 수원지방법원 평택지원 2019.11.28 2019고단1051
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a victim B (the age of 12) Edialton instructor.

No person shall commit any act of physical abuse against a child that may injure his/her body or injure his/her physical health and development.

Nevertheless, at around 09:40 on June 13, 2019, the Defendant: (a) at D elementary school gymnasiums located in Pyeongtaek-si C, on the ground that the victim did not concentrate on class hours, and (b) caused the victim’s neck by her hand and her hand to shake the victim’s face face by her hand and drinking, and continued to “the same bit of bitch bitch bitch bitch” to the victim, and caused the victim’s injury, such as the impairment of the head or other part of the part necessary to provide approximately two weeks of treatment.

Accordingly, the Defendant committed physical abuse that may harm the physical health and development of children.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to medical certificates of injury, certificates of job of educational activities instructors;

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

1. Article 62 (1) of the Criminal Act;

1. Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, and Article 62-2 of the Criminal Act;

1. In light of the details, methods, and result of the crime of exempting the employment restriction order, the risk of recidivism, anticipated side effects of the Defendant’s disadvantage due to the employment restriction order, prevention of crime of child abuse that can be achieved thereby, and the effect of protecting the victim, it is determined that there is a special reason that the Defendant should not issue an employment restriction order to the Defendant pursuant to the proviso to Article 29-3(1) of the Child Welfare Act.

The scope of recommendations on the grounds of sentencing is from six to one year, and it is from six months.

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