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(영문) 수원지방법원 2018.08.14 2018노1183
아동복지법위반(아동유기ㆍ방임)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding ① The Defendant was frequently cleaning and carried out together with the victim. The Defendant did not neglect the basic protection and rearing for the victim. ② The act described in Article 2 of the facts charged was designed to admonish the victim, and thus does not constitute physical abuse.

B. The photograph (No. 2) taken by a specialized child protection agency on October 16, 2015 inside the Defendant’s house without the consent of the Defendant was invaded into the residence without the consent of the Defendant, and thus, it is inadmissible as an illegally collected evidence.

2. Determination

A. (1) The Defendant alleged to the same effect as the grounds for appeal in this part of the lower judgment, and the lower court rejected the Defendant’s assertion after having explained the circumstances that can be recognized by the evidence duly admitted and investigated in the part on “Determination on the Defendant’s and the defense counsel’s assertion.”

Examining the lower court’s fact-finding comparison with the records of this case, the lower court’s determination is justifiable, and this part of the Defendant’s assertion is without merit.

(2) (2) The circumstances of the lower court’s detailed determination as to the assertion are different, and the victim is deemed to have engaged in the pain when he/she has a change due to the Defendant’s physical punishment.

In light of the statement, the Defendant’s act stated in Article 2 of the facts charged constitutes physical abuse beyond the scope of legitimate discipline.

Therefore, this part of the defendant's assertion is without merit.

B. Article 11(2) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes by misunderstanding the legal doctrine provides that a judicial police officer or an employee of a specialized child protection agency who has received a report of child abuse may enter the scene reported as committing a child abuse crime and investigate or ask questions to relevant persons, such as a child or a school perpetrator.

Provided, That employees of specialized child protection agencies shall protect victimized children.

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