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(영문) 울산지방법원 2015.04.09 2014고단4023
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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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

The Defendant is a person operating “D”, who is an individual extracurricular, in Ulsan-gu C Apartment 212 212 dong 1003, and the victim E (six years of age) is a child who was protected in a “G” children’s communal living home located in Ulsan-gu, Ulsan-gu, U.S., and was enrolled in the said “D” from the time on May 15, 2014.

At around 15:00 on September 23, 2014, the Defendant tried to see the victim's hand floor of the victim by using a enormous (1 cm in length, 40cm in total length) of wooden materials, but did not hear the victim's hand floor continuously on the ground that the victim did not have any hand, on the ground that the victim did not have any hand.

As a result, the defendant committed any physical abuse that may cause physical harm to the body or harm to the health and development of the body of the victimized child at the same time, leading up to about two weeks of treatment for the victimized child.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of proceedings of statement;

1. Inflicting photographs, diagnostic reports, and report on internal death (in-house death on a medical certificate);

1. Application of Acts and subordinate statutes to enormous photographs used in this case;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense; Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Judgment on the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act

1. The defendant and his defense counsel asserted that the victimized child was punished inevitably by interfering with his/her class of lessons, and there was no intention of abuse. This constitutes a justifiable act that does not violate the social rules as a disciplinary action for legitimate educational purposes.

2. Determination

A. Whether an act constitutes “an act of abuse that damages a child’s body” under the Child Welfare Act.

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