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(영문) 수원지방법원 평택지원 2018.08.30 2018고단24
아동복지법위반(아동학대)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mardomna in Pyeongtaek-si C commercial building 201, and the victim E (12) is a member.

At around 19:00 on June 21, 2016, the Defendant left the head part of the victim with the death of the victim one time on the ground that the victim had another son, and the number of the boomed is faced with the wall, and the boomed two times after the death, the victim's boomed twice after the death, the victim's breath was tight with the hand, the victim's breath in one time, and the victim's breath continued to breath on the breath of the death, and the victim's breath of the breath of the death.

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. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Statement made by the police for E;

1. In a criminal investigation report (as to the submission of recording files by the victim), CD storage, investigation report (as to the treatment of the victim hospital), the defendant and his/her defense counsel asserts that there is only a fact that the defendant was placed on the floor of the victim at his/her landing level, and that there is no physical abuse such as the statement in the facts charged.

However, according to each of the above evidence, it can be recognized that the defendant was dead when the floor of the victim, as well as when the head of the victim was laid down, the head of the victim was sealed, and the victim was scamed with the loss floor, so the above argument shall not be accepted.

Application of Statutes

1. Relevant Article of the Act and Article 71 (1) 2 and subparagraph 3 of Article 17 (Selection of Penalty) of the Act on the Place of Child’s Reinstatement for the Crime;

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

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

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