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(영문) 부산지방법원 서부지원 2018.04.03 2018고정26
아동복지법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the president of the E Institute in Busan Northern-gu, and the victimized child F (12 son, South) is the original child of this Institute.

At around 12:00 on August 2, 2017, the Defendant: (a) reported that the victimized child was a cell phone and entered a classroom in the third-story D D D D D D D D D building in Busan, and, (b) stated that the victimized child was able to fill the cell phone, but the Defendant was able to take an anti-resistant attitude, and considered that the victimized child was able to take a hand, and she was able to take a bath as a class, and she was 4-5 in both hands.

Since then, the head of this private teaching institute, which has gone through a classroom, listened to sound, the victimized child was placed in the class, and the head of this private teaching institute, and the defendant committed physical and emotional abuse, resulting in physical and emotional abuse of the victimized child who is in need of medical treatment for 14 days, by putting the victimized child under a knife with the knife on the knife table table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each investigation report;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 71 (1) 2 and Article 17 subparagraph 3 of the Act on the Place of Child’s Reinstatement for the crime, and the selection of fines for the crime;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Act is that the Defendant’s act of abusing a child in the course of growing at a private teaching institute that he/she operates is not against the Defendant’s disadvantage by itself.

However, the crime of this case was committed by the defendant in a manner that it was difficult for the defendant to participate in the composition in a timely manner, and the degree of abuse against the victim was serious.

The fact that it is difficult to see, that the defendant's abuse was intended or habitually committed, and that the defendant shows his attitude to recognize and reflect his criminal act from the investigative agency to this court, and that the defendant is the defendant.

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