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(영문) 대구지방법원 2018.05.11 2017고단6135
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant in the facts charged is a son belonging to C, a social welfare foundation in the third floor of the building in Daegu North-gu, which is entrusted by the Family Welfare Department of the Daegu North Korean Office.

On September 13, 2017, from around 10:00 to 17:30 of the same day, the Defendant: (a) placed the victimized child’s her son’s her son’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Then, aftermatha,

제정신이 아니 제, 미친놈 아니가 진짜, 쯧, 또라이 아니 가, 또라이, 쯧, 울고 지랄이고” 라는 등 큰 소리로 욕설을 하고, 피해 아동이 큰소리로 울고 있는 것을 보고도 피해 아동의 울음을 그치도록 조치를 하지 않은 채 피고인의 아들과 통화를 하거나 텔레비전을 시청하였다.

As a result, the Defendant committed an emotional abuse that may inflict bodily harm on a child or harm the physical health and development of a child as a son, and that may inflict emotional abuse that may injure mental health and development.

2. Determination

A. The purpose of the Act on the Protection of Communications Secrets is to protect the confidentiality of communications and further enhance the freedom of communications (Article 1). Accordingly, a person shall not record or listen to conversations between others that are not open to the public without following the aforementioned Act, Criminal Litigation Act, or the Military Court Act (main sentence of Article 3(1)), and the content of conversations acquired through recording conversations between others or listening to such conversations by using electronic or mechanical means cannot be used as evidence in a trial or disciplinary procedure (Articles 14(2), 14(1), and 4). In light of the language, content, structure, and legislative intent, etc. of the aforementioned provisions under the Act on the Protection of Communications Secrets, a person shall be protected by the Act on the Protection of Communications Secrets.

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