logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.02.13 2019고단9227
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From March 2018, the Defendant was a person who lives together with a victimized child B (class 15 and 2) in the residence of the victimized child and worked as a care room for the victimized child.

At around 18:00 on September 3, 2019, the Defendant, at the residence of the victimized child located in Dong-gu Incheon Metropolitan City, made the victimized child return to the back, on the ground that the victimized child is false and does not hear his/her horse, and then caused the victimized child to go back to the back, and made it difficult for the victimized child to cover up about 10 times, such as her am, arms, arms, and ship, so far as the victimized child’s am at a wooden machine (90 cm, vertical length 20 cm).

As a result, the defendant committed physical abuse that may injure the body of the victimized child or harm the health and development of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of victimized children);

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 3 of the Child Welfare Act, the choice of punishment for an offense, and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) does not relax the degree of abuse of this case, but shows that the defendant is able to repent his mistake while making a confession, the child victim's wife and the punishment are desired, and only the defendant has a criminal record of a different kind of fine

1. In light of the Defendant’s age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the employment restriction order, the preventive effect of the crime of child abuse that may be achieved therefrom, and the effect of protecting the victim, etc., the order of employment restriction shall not be issued to the Defendant pursuant to the proviso to Article 29-3(1) of the Child Welfare Act.

arrow