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(영문) 서울동부지방법원 2016.11.24 2016고단3224
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From around 2007, the Defendant maintained a de facto marital relationship with B, and was also residing in C(13 years of age) and D's underground floor in Gwangjin-gu Seoul Special Metropolitan City.

On July 14, 2016, at around 20:05, the Defendant 20:05, when she was tending on the ground that the victimized child was game from the 1st floor above the Seoul Special Metropolitan City D D, up to late at night, the victimized child entered the room and attempted to put the door into the strings of the stringer and the strings of the strings, and to open the strings, and the victimized child committed abuse that may harm the mental health and development of the victimized child, such as threatening the victimized child into the strings of the strings.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A physical investigation report on child abuse and a family environment investigation report;

1. Application of Acts and subordinate statutes to report on investigation (verification of the same criminal history as a suspect);

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

1. Article 62 (1) of the Criminal Act;

1. Determination of the same sentence as the order of sentencing, in consideration of the defendant and the victim's relationship, the background of the crime, the means and method of the crime, the circumstances before and after the crime, the victim's mother expressed his/her intent not to punish the defendant, and other conditions of sentencing, including the defendant's age, character and conduct, and criminal records, under Article 36 subparagraph 4 of the Act on Special Cases concerning the Punishment, etc

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