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(영문) 수원지방법원 평택지원 2017.05.31 2016고정782
아동복지법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the head of the “D Child Care Center” in Ansan-si C and 306 Dong 101, and the victim E ( South and the second years of age) is the child who was enrolled in the above child care center.

On September 19, 2016, the Defendant: (a) while driving the said child-care center vehicle while getting the victim on board on board on the part of the victim; and (b) forced the victim on the road between 10 and 210 east-gu, Ansan-si, Hasung-si, the Defendant committed emotional abuse that harms the mental health and development of the child by driving approximately 20 meters on the road between 204 dong and 210 dong and leaving the victim at risk of an accident, thereby neglecting the risk of an accident.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement made by the police with respect to F (including H’s statement part);

1. Statement of the police statement related to G;

1. Investigation of victimized children;

1. The defendant and his defense counsel asserted that the defendant's act does not constitute "treatment" as stipulated in the Child Uniforms Act, since the defendant's act was not only a relatively safe apartment complex in order to stop the sound of the victimized child requested by the defendant, but also a relatively safe apartment complex in order to have the victimized child voluntarily board the vehicle, and there was no intention to move the victimized child at a very slow speed while checking the safety of the victimized child through the rear death and there was no intention to leave the victimized child.

In this case, the monthly age of the victimized child was about 33 months, and the victimized child was delivered in the apartment complex at the lower place.

Even if the place is in contact with the roadway, and the damaged child is driving away from the vehicle that he/she left with the roadway, and walk on the roadway with a considerable distance (such as the age of the victimized child even if the distance is very short, the age of the victimized child should be considered). Even if it is a roadway in an apartment complex, it is a place where the vehicle can pass at any time.

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