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(영문) 인천지방법원 2019.08.30 2018노3336
아동복지법위반(아동학대)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds of appeal lies in the Defendants’ acts of breeding the victim’s character and conduct to correct his/her character and conduct. However, the Defendants’ acts do not constitute physical abuse that may injure the victim’s body or injure his/her physical health and development.

In addition, the victim prepared a statement to the effect that the victim stated the victim as the “compacting” in a situation where memory is unclear at the time of the police investigation.

Nevertheless, the court below found the Defendants guilty, and there is an error of law by misunderstanding facts or misunderstanding legal principles in the judgment of the court below.

2. Judgment on the Defendants’ assertion

A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below whether the Defendants committed a physical punishment, such as the facts charged, it is sufficiently recognized that the Defendants committed a physical punishment as stated in the facts charged.

1) The victim made a very concrete and consistent statement from the investigative agency to the court of the court below regarding the reason why the physical punishment was taken place, the situation at the time, the tool and degree of the punishment, etc. The contents of the statement are inconsistent or unreasonable. In particular, even though the victim did not want punishment against the Defendants by attending the court of the court below, it is very high credibility in the victim’s statement because the victim stated the same physical punishment as before. 2) Although the victim was prepared and submitted a document to the purport that he changed the statement at the trial, it appears that the victim who restored the original relationship after the complaint was submitted to the court of the court below was merely a document to prevent the Defendants from punishing the Defendants. Thus, the credibility of the victim’s statement as seen earlier cannot be denied.

3..

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