logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.10.11 2018고단3931
아동복지법위반(아동학대)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the father of the victim C (V, 16 years old).

On February 16, 2018, the Defendant, around 18:30 on 16, 2018, Da 4304 Dong 1902, and the Defendant, on the ground that the victim left a breadb but did not do so, was seated at the place of the victimized person, and flicked down the victim’s breadg on the part of the victim.

As a result, the Defendant committed physical abuse that may injure the victim's body or harm the health and development of the body.

Summary of Evidence

1. Statement made by the police against C;

1. The defendant asserts that the above act was aimed at cultivating the victim without any intention of abuse.

However, in light of the degree and background leading up to the Defendant’s exercise of force, the relationship between the Defendant and the victim, etc., it is difficult to view the Defendant’s act as the purpose of decoration, and the intent of abuse is recognized.

Application of Statutes

1. Article 71(1)2 and Article 17 subparag. 3 of the former Child Reinstatement Act (Amended by Act No. 14925, Oct. 24, 2017; Act No. 1525, Apr. 25, 2018); the selection of fines, etc. for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow