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(영문) 서울북부지방법원 2017.11.28 2017고합76
아동복지법위반(아동학대)
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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

The defendant is the father and father of victimized children B(n, 13 years old) and victimized children C(10 years old).

1. Around 07:00 on October 17, 2016, the Defendant violated the Child B’s Reinstatement Act (child abuse) against the victimized child, committed emotional abuse that may inflict bodily harm on the victimized child B, physical health and development of the victimized child’s body, or harm on the mental health and development of the victimized child B, including when the head of the victimized child’s body was taken over by using a portable electric farcing bond on the ground that the victimized child B was pushed down in the Seongbuk-gu Seoul, and in the residence, around July 17, 2016.

2. On October 2016, the Defendant violated the Child Uniform C’s Child Reinstatement Act (child abuse) against the victimized child C committed an emotional abuse that may inflict bodily harm on the victimized child C from around five times from around around the spring in 2014 to on the part of the Defendant’s residence, such as the attached list of crimes (2). The Defendant committed an emotional abuse that may inflict bodily harm on the victimized child C, physical abuse that may injure the victimized child C’s physical health and development, and the mental health and development of the victimized child C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, C, E, F, and G;

1. Video-recording CDs and stenographic records recorded with the statements made by B and C;

1. Application of Acts and subordinate statutes to photographs and counseling details on damage;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. 1) Article 40 subparagraph 2 of the former Child Uniforms Act (wholly amended by Act No. 11002, Aug. 4, 2011); Article 29 subparagraph 1 of the former Child Uniforms Act (wholly amended by Act No. 11002, Aug. 4, 201); Article 71 subparagraph 2 of the former Child Uniforms Act (wholly amended by Act No. 12361, Jan. 28, 201); Article 71 subparagraph 3 [1] of the former Child Uniforms Act (wholly amended by Act No. 12361, Jan. 28, 2014; 2] Article 71 subparagraph 2 of the former Child Uniforms Act (wholly amended by Act No. 12361, Jan. 28, 2014); and

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