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(영문) 의정부지방법원 2020.05.07 2019고정1790
아동학대범죄의처벌등에관한특례법위반(보호처분등의불이행)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 26, 2018, the Defendant revised part of the written indictment without changing the indictment to the extent that it does not have any substantial disadvantage to the Defendant’s exercise of his/her right to defense.

The temporary protection order (2018 Dong Dong36) was issued to the effect that “to order the prohibition of access within 100 meters from the residence, school, and private teaching institute of the victim B, who is a child.”

Nevertheless, at around 01:51 on August 27, 2019, the Defendant visited the victim's residence by finding the victim's house residing in C apartment D in Yang-si, Yang-si, Yang-si.

Accordingly, the defendant did not comply with the provisional protection order issued by the court.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (the investigation of the other party of the Seoul Family Court staff) and a report on investigation (the filing of a report by a suspect);

1. Article 59 (1) 3 and Article 52 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes and the Punishment, etc. of Child Abuse Crimes, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant's consent to the crime of this case and reflects it: The defendant has a record of being punished for the same crime.

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