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(영문) 인천지방법원 부천지원 2020.02.06 2019고단3062
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for 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

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

Nevertheless, at around 02:00 on June 16, 2019, the Defendant, at the residence of the Defendant in Seocheon-si B, Dacheon-si, expressed his spouse C and her spouse fighting, and her spouse “picker shall die with mental illness.” Accordingly, on the ground that D and 14 years of age, the Defendant said the Defendant as the Defendant’s her her her her her her her her her her her her her her her her husband and her her her her spouse, and her her her her her her her her her her her her her her her her her her her her spouse

As a result, the defendant committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Statement of Witness C);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 3 of the Child Welfare Act, the choice of punishment for an offense, and the choice of imprisonment with labor;

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

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

1. The crime of issuing an employment restriction order falls under the “child abuse crime” (Article 2 subparag. 4(l) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes) committed by the Defendant as a guardian under Article 3 subparag. 3 of the Child Welfare Act (Article 3 subparag. 4(l) of the Child Welfare Act), and thus, constitutes “child abuse-related crime” (Article 3 subparag. 7-

The reason for sentencing in the main sentence of Article 29-3(1) of the Child Welfare Act - The defendant shows his attitude to recognize and reflect wrongness.

- The Defendant has been punished for a fine on several occasions due to violent crimes.

- The defendant shall extend over three occasions by violence against his spouse.

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