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(영문) 서울중앙지방법원 2013.05.02 2013고단400
아동복지법위반
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From 209 to 2009, the defendant is living together with the victim D's friendship E in the defendant's house located in Gwanak-gu in Seoul Special Metropolitan City, and is in de facto marital relationship with E and protecting and raising the victim together with E.

1. Around July 20, 2012, the Defendant committed an act of abuse against the body of the victim, who is a child, on the ground that the victim D (at that time, 10 years of age) was unable to return home late and did not study the victim D (at that time, 10 years of age). B, on the ground that the victim’s body was 2-3 occasions at the top of a tree-based meeting, 2-3 times, thereby impairing the victim’s body.

2. Around August 3, 2012, the Defendant committed an abuse against the victim’s body at the Defendant’s home, on the ground that the victim did not use his/her daily flag but did not use his/her promise, and made a false statement. At the beginning of the above conference, the Defendant committed an abuse against the victim’s body by making approximately 20 straws, bucks, and bucks of his/her hair.

3. On August 8, 2012, the Defendant, at the Defendant’s home on the grounds that the victim returned home without having set up a lodging system, committed a cruel act that damages the victim’s body, by making the victim’s head and arms, bucks, mucks, mucks, mucks, etc. at the beginning of the above conference about 20 times, and harming the victim’s body.

4. On August 13, 2012, the Defendant, at the Defendant’s home, abused the victim’s body by making the victim write his English language and Chinese characters and returned late home without being able to do so, and then making the victim’s head and arms, bucks, tacks, tacks, tacks, tacks, tacks, etc. at the Defendant’s home.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Stenographic records or recording records of the victim's protocol (the video recording of December 12, 2012);

1. Application of Acts and subordinate statutes on the body photographs of victimized children D;

1. Article 71 (1) 2 of the Child Welfare Act and subparagraph 3 of Article 17 of the same Act concerning facts constituting an offense, and the selection of punishment, respectively;

1. The Criminal Act among concurrent crimes.

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