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(영문) 대전지방법원 2019.10.25 2019고단341
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the child abuse treatment program for 40 hours.

Reasons

Punishment of the crime

At around 16:50 on July 10, 2018, the Defendant was the father of the victimized child B (the age of 12), C (the age of 11), and D (the age of 9), and around 16:50 on July 10, 2018, E, the mother of the victimized child, discovered the son B and C, and reported to 112 the son’s appearance at the home of the Defendant.

At around 05:00 on July 11, 2018, the Defendant: (a) called “I building in Seo-gu, Seo-gu, Daejeon, and the Defendant’s house located in J,” and (b) made the victimized children enter the toilets where E is hidden, E, and (c) made the victimized children enter the toilets where E is hidden; (d) while drinking in the said places; and (e) the victimized children B voluntarily come from E’s house at around 06:00 on the same day, and (e) the remaining victimized children could not move out of the house until the same day.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of children.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement related H;

1. Application of statutes governing stenographic records;

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 5 of the same Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. In the instant case, for the reason of sentencing under Article 2(1) of the Addenda to the Child Welfare Act (Act No. 1589, Dec. 11, 2018) and the main sentence of Article 29-3(1) of the Child Welfare Act, a punishment as ordered is determined by taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances after the crime.

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