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(영문) 광주지방법원 2020.01.10 2019고단2815
아동복지법위반(아동학대)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 1, 2019, the Defendant, as a member of the Seo-gu B C organization in Seo-gu, Gwangju, as well as on June 1, 2019, took part in the field experience of “F” in the supervision of the above consultative body with 24 students of the E Regional Child Center

On June 12:23, 2019, the Defendant: (a) committed physical abuse against a victimized child by using violence, such as bucking the victim’s body, sprinking, heading, sprinking, cutting the victim’s arms on several occasions; and (b) booming the victim’s body and the development of body, on the ground that the victim H (12 years of age) was sprinked in a game, and sprinked around the game; (c) he continuously towed the victim, leading the victim to the next building; and (d) towing the victim’s arms; and (d) cutting the victim’s arms over the floor, thereby harming the victim’s physical health and development.

Summary of Evidence

1. Partial statement of the defendant;

1. I stenographic records;

1. Application of CCTV Acts and subordinate statutes;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence as ordered shall be imposed in consideration of the following factors: (a) of Article 8(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, the receipt of a letter from the victim with reasons for sentencing; (b) the absence of identical criminal records; (c) recognition as a substitute for the crime; and (d) the Defendant’s age, character and conduct, family environment; (b) motive and circumstance of the crime; and (c)

In full view of all the circumstances, such as the Defendant’s age, type of crime, motive and background of the crime, criminal records, social benefits expected by an employment restriction order, and the effect of the crime of child abuse, as well as the disadvantages and anticipated side effects of the Defendant, it is determined that there are special circumstances where the risk of recidivism is significantly low or the employment of the child-related institution should not be restricted.

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