Ga. Violation of the Child Welfare Act

(b) Injury;

(c) Violence;

1. (a) . (b) Do○ (75 - - 2), junit

2. (a) . (b) . (c) Kim-○ (78 - 1) , and a special model establishment business;

Maximum (Public Prosecution) and Senior (Public Trial) (Public Trial)

Attorney Kim Young-chul (For the Defendants)

July 2, 2015

A person who is punished by imprisonment with prison labor for up to eight months, and a person who is punished by imprisonment with prison labor for up to six months.

However, with respect to the defendants, the execution of the above punishment shall be suspended for two years from the date of the final judgment of each court.

Defendant Gangnam ○, a lecture for community service for 200 hours and for 40 hours of violent therapy, and Defendant Kim ○.

To order ○ to provide community service for 120 hours and to take part in violent therapy for 40 hours.

The Child Welfare Act by emotional abuse on December 31, 2014, among the facts charged against Defendant Gangwon-do.

The charge of violation is not guilty.

The summary of the acquittal part in this judgment shall be published.

Criminal History Office

Defendant ○○ Kim○ is the father of the victim Kim○○ (Age 9), and Defendant Gangnam○ is the mother of the victim who reported the marriage on March 2013. From August 2012 to August 31, 2012, the Defendants lived with the victimized party in the victim’s ○○○○-dong ○○○○○○○-dong ○○○○○○-dong ○○○○○○○-dong dong (Sengdong, ○○○○○○○ apartment).

1. Defendant Kang ○○

(a) Child Welfare Violation and injury;

On December 31, 2014, at around 00: 10, the Defendant: (a) committed an assault on the victim’s residence, such as a false horse that the victim was locked but did not have been locked; (b) and (c) when the victim’s scam was scambling on five occasions, and (d) committed a physical abuse that may inflict bodily injury on the victim’s body or that may injure the health and development of the body.

(b) Child Welfare Violation;

1) On December 25, 2014, the Defendant committed physical abuse, i.e., harm to a child’s body, or harm to the physical health and development of a body, on the ground that the victim had been late in the place of residence of the above Defendant, on the ground that the victim had been late in the place of his/her body.

2) On December 29, 2014, from around 00 to 03:00 the following day, the Defendant: (a) at the above Defendant’s residence toilet from around 00 to around 03:0, the Defendant: (b) caused the victim to suffer physical abuse, i.e., the victim’s clothes as soon as possible after being drinking at the Defendant’s late drinking; and (c) thereby suffering the victim’s son and fingers from the victim’s scam influor, thereby causing “the victim’s son and fingers” to inflict physical abuse, i.e., damage on the child’s body or physical health and development; and (d) the victim “it is difficult to make it difficult for the victim to do any other work; and (d) the victim would be able to do so when she was unable to do so. If she was unable to do so, she would be able to do so even if she did so.

2. Defendant Kim-○

(a) Child Welfare Violation and injury;

On October 2014, the Defendant: (a) around 2014, at the residence of the above Defendant, when the victim did not answer to his question by hand; (b) when the victim’s head was faced with the victim’s head; (c) caused the victim to go against the victim’s head on the table, and (d) caused the victim to go against the victim’s head on the table, and (e) committed physical abuse that may inflict physical damage on the child’s body or undermine the health and development of the body at that time.

(b) Child Welfare Violation;

1) On December 2014, the Defendant committed physical abuse, which would inflict bodily injury on the child’s body or harm the physical health and development of the victim’s body, in the middle of the Defendant’s residence, on the part of the Defendant, in a single-use punch, in which the victim previously possessed the said ○○’s money without speech, and the head, arms, and so on of the victim’s head, arms, and so on.

2) On December 31, 2014, at around 00: around 18:0, the Defendant committed a physical abuse against the victim’s body or a physical health and development, by making the victim’s head at the time of the victim’s head in a beer dog with his/her own face and having been located there, on his/her own hand, at the victim’s residence.

(c) Child Welfare assistance in violation of the Child Welfare Act;

The Defendant: (a) even though ○○○ was aware of the fact that the Defendant used the Defendant’s supporting materials in each time, at each time, at each place specified in paragraph (b) of Article 1, and, even with being aware of the fact that ○○○ was making the Defendant prompted, aided and abetted the Defendant to commit each of the above abusive acts against the victim of the Gangwon○○○.

Summary of Evidence

1. Each of the Defendants’ respective legal statements (as of the fourth public trial date)

1. The witness ○○○, each legal statement of ○○○, and part of the legal statement of the witness Kim Kim-young;

1. The prosecutor's statement concerning Kim 00

1. Photographs of a child victim-friendly photograph, or an investigator's photograph;

1. A written diagnosis of injury against Kim 00

Application of Statutes

1. Relevant Articles of criminal facts;

A. Defendant Gangnam ○: Article 257(1) of the Criminal Act (a) and Article 71(1) of the Child Welfare Act

Sub-paragraph 2, Article 17 subparag. 3 (a point of physical abuse), Article 71(1)2 of the Child Welfare Act;

Article 17 (Notices of Emotional Abuses)

B. Defendant Kim-○: Article 257(1) of the Criminal Act (the point of injury) and Article 71(1) of the Child Welfare Act

No. 2, Article 17 subparag. 3 (a point of physical abuse), Article 71(1)2 of the Child Welfare Act

HS Heading, Article 17 subparag. 3, and Article 32(1) of the Criminal Act (the point of aiding and abetting physical abuse)

[The Defendants and the defense counsel asserted that each act of the Defendants in their holding constitutes a justifiable act as a discipline or disciplinary action. However, in light of the background and degree of each injury and child abuse in their holding, the part and degree of damage, and the age and level of development of the victim, etc., the Defendants’ respective act in their holding did not have any situation where each act of the Defendants was necessary for education against the victim or it was impossible to correct the victim by any other educational means, and there was no objective validity that the method and degree of exercising the physical power against the victim can be acceptable in light of social norms. Thus, it cannot be said that the above act constitutes a justifiable act as a discipline or disciplinary action.

1. Competition;

A. Defendant Gangnam ○: Articles 40 and 50 of the Criminal Act (the crime of injury and the crime of violation of the Child Welfare Act on December 31, 2014)

Punishment imposed on a more severe injury, between them

B. Defendant Kim○-○: Articles 40 and 50 of the Criminal Act (the crime of injury and the crime of violating the Child Welfare Act around October 2014)

Punishment for a more severe injury, between him/her, shall be imposed

1. Statutory mitigation;

Defendant ○○: Articles 32(2) and 55(1)3 of the Criminal Act (Accessories and violation of the Child Welfare Act)

As to aiding and abetting crimes

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Code (The following extenuating Conditions in Sentencing)

1. Orders to provide community service and attend lectures;

Article 62-2 of the Criminal Code

Reasons for sentencing

1. Defendant Kang ○○

A. Application of the sentencing criteria

1) Group 1 (physical abuse on December 29, 2014)

[Scope of Recommendation Form]

In general standards for abandonment and abuse (serious abandonment and abuse) No. 2 basic area (6 months to June 1)

【Special Convicted Persons】

None

2) Group 2 (physical abuse on December 25, 2014)

[Scope of Recommendation Form]

In general standards for abandonment and abuse (serious abandonment and abuse) No. 2 basic area (6 months to June 1)

【Special Convicted Persons】

None

3) Group 3 crimes ( emotional abuse on December 29, 2014)

[Scope of Recommendation Form]

General Criteria for Abandonment and Abuse, Category II (NLA) in the basic area (from June to June),

【Special Convicted Persons】

None

* The scope of final sentence due to the aggravation of multiple offenses: 6 months to 2 years.

(b) Determination of sentence;

The degree of abuse against the victim is relatively important; the victim is punished; there is no same record of punishment; criminal records twice; the victim's father and mother or grandparents have raised the victim for about four years in the situation where it is difficult for the victim to rear the victim; the victim's child or grandparent has been raising the victim for about four years; the victim's child needs to be admonished; and the above defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case; the circumstances after the crime of this case, etc. shall be determined as per the order.

2. Defendant Kim-○

A. Application of the sentencing criteria

1) Class 1 crime (Inflicting)

[Scope of Recommendation Form]

General Injury> Type 1 (General Injury) Basic Area ( from April to June 1)

[Aggravated Punishment (Aggravation)]

A victim who is vulnerable to punishment / Crime

2) Group 2 (Physical Abuse to Police Officers on December 2, 2014)

[Scope of Recommendation Form]

General Criteria for Abandonment and Abuse) Type 2 (Serious Abandonment and Abuse) : Reduction Area (two months to one year)

[Special Mitigation]

Members not subject to punishment

3) Group 3 crimes (physical abuse on December 31, 2014)

[Scope of Recommendation Form]

General Criteria for Abandonment and Abuse) Type 2 (Serious Abandonment and Abuse) : Reduction Area (two months to one year)

[Special Mitigation]

Members not subject to punishment

* The scope of final sentence due to the aggravation of multiple offenses: April to February 2.

(b) Determination of sentence;

The punishment as ordered shall be determined, considering the fact that there is a need for discipline against the victim, that the victim does not want the punishment, that there is no criminal record, that there is no other criminal record, and the age, character and conduct, environment, motive and circumstance of the crime in this case, circumstances after the crime, etc.

The acquittal portion

1. Summary of this part of the facts charged

On December 31, 2014, at around 00: 10, Defendant Gangnam-gu, at around 10, 2014, found false horses that were not the victim himself/herself, and caused emotional abuse to the victim, which caused harm to the mental health and development of the child by obsing the victim (such as “the victim’s humping”).

2. Determination

According to the evidence duly adopted and examined by this court, it is acknowledged that the victim made a statement to the effect that "the victim took a bath at around 10:0 on December 31, 2014 at the prosecutor's office," but on the other hand, the victim made a statement at the prosecutor's office about December 31, 2014 that "the victim took a bath at around 0:0 on December 31, 2014, it is hard to acknowledge that the prosecutor made a statement to the effect that "the victim did not take a bath or other speech at the time of the police investigation, which is more close to December 31, 2014," and that there is no evidence to acknowledge that "the victim did not take a bath at around 0:0 on December 31, 201," and that the prosecutor submitted the above evidence to the effect that "the victim did not take a bath or other speech."

3. Conclusion

Thus, the facts charged under Article 1-A(1) of the Criminal Procedure Act constitute a case where there is no proof of criminal facts, and thus, the judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the resolution of the board of directors is publicly announced pursuant to Article 5

Public Prosecution Rejection Parts

1. Summary of this part of the facts charged

A. On December 2014, 2014, Defendant Kim ○ used the victim’s head, arms, etc. in a single-time punch and bending spun and spun in which the victim previously possessed the money of ○○ in the said Defendant’s residence, and used the victim’s head, arms, and spun.

B. On December 31, 2014, at around 00: 18:0, Defendant Kim ○○ used the victim’s head in a betting the victim’s head on his/her hand, and assaulted the victim by her head in a betting the victim’s head.

2. Determination

The facts charged in this part are crimes falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the same Act. According to the response to the fact-finding inquiry of the court investigator, the victim withdrawn his/her wish to punish the above defendant on June 10, 2015, which was after the institution of the prosecution of this case. Thus, each of the charges should be dismissed pursuant to Article 327 (6) of the Criminal Procedure Act, but as long as it is found that he/she is guilty of each crime of violating the Child Welfare Act in relation to the commercial concurrent crimes, the dismissal of prosecution shall not be ordered separately.

Judges Nos. 300