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(영문) 서울북부지방법원 2021.02.19 2021고정21
아동복지법위반(아동학대)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a foreign father of the victimized child B (son, 8 years old), and is the former husband of the victimized child C (son, 66 years old).

1. On September 19, 2020, the Defendant: (a) committed physical abuse, such as cutting the toy knife of the victimized child’s shoulders; and (b) 3 times the shoulder and parts of the victimized child’s shoulders, in the Seoul Special Metropolitan City, Nowon-gu apartment E-gu, Seoul Special Metropolitan City, where the victimized child’s residence is the victimized child; (c) on the ground that the victimized child’s body was built up with the toy knife, and annoyed by the victimized child.

2. The Defendant committed assault against the victim, such as, on the date and at the place specified in paragraph 1, the Defendant committed assaulting the victim by sarburine, where the Defendant was in possession of the victim, by sarburging twice the head part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statement C by the police concerning B;

1. Application of Acts and subordinate statutes to investigation reports (victim B telephone communications);

1. Relevant Article 71 (1) 2, Article 17 subparagraph 3 (a) of the Act on the Prevention of Children's Child Abuse (a point of any physical abuse against a child), Article 260 (1) of the Criminal Act, and the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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