Cases
200 Highest 3219 Child Welfare Act (Child abuse)
Defendant
Gain, 73 years old, South, and North
Residential Ulsan
Prosecutor
Assistant Superintendent General (prosecutions) and private harassment (public trial)
Defense Counsel
Attorney Park Jong-soo (Korean National Assembly)
Imposition of Judgment
November 25, 2020
Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for one year from the date this judgment became final and conclusive, and the defendant shall be ordered to attend the lecture for the prevention of recidivism against child abuse for 40 hours.
Reasons
Criminal facts
At around 16:00 on July 16, 2020, the Defendant got home from 00 (the 7 years old), a son, who was staying in the playground, her home-to-be from her return home-to-be from her return home-to-be (the 00th her head her head her head her. her head her. her head her head her. her head her head her head her head her head her head her head her head her. her head her head her head she was her head her head her head her head her
At around 17:10 on the same day, the Defendant discovered the victim’s maximum ○○ (mam and 7 years of age) into the same fluoral play facility installed in the fluoral seat, and asked the victim of the Defendant’s fluor, similar to the Defendant’s fluor, who was fluored, was hick, and asked the victim of the fluor’s fluor, why she was humd., but the victim was fluored by the Defendant’s fluor, who was fluored by his fluor without the victim’s answer.” However, the Defendant fluordddddddd the victim’s face level with the cell phone that was fluored by his fluor, and fluord the Defendant’s fluor, when she was the victim. As a result, the Defendant
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police to ○○○;
1. Report on investigation (video recording to the victim ○○);
1. Child victims and on-site photographs;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act, Selection of Imprisonment
1. Suspension of execution;
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;
1. Reasons for sentencing under the proviso to Article 29-3(1) of the Child Welfare Act (in light of the Defendant’s age, occupation, environment, risk of repeating a crime, details and motive of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the employment restriction order, the prevention of child abuse that may be achieved therefrom, and the effect of protecting the victims, etc., the Defendant shall not be issued an employment restriction order; hereinafter “special circumstances to be determined”): One month to five years;
2. Scope of recommended sentences according to the sentencing criteria;
[Determination of Punishment] Arrest, Confinement, Abandonment, or Abuse
【Special Convicted Person】
[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;
3. Determination of sentence: Imprisonment with prison labor for six months; one year of suspended execution; the crime of this case is committed by the victim who is still seven years old and still seven years old, and there is a need to strictly punish the victim as an abuse of the child, regardless of the circumstances behind the crime; Provided, That the crime of this case was committed contingently in the course of hearing the victim's speech that the defendant's children would face the victim and asking the victim why he was distorted, and there is no record of punishment for the same crime; considering the other facts that the defendant's age, character and behavior, environment, motive, means and consequence of the crime, all of the sentencing factors shown in the records of this case, including the circumstances after the crime, etc., the punishment shall be determined as ordered.
Judges
Judges Kim Gung-sung