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(영문) 청주지방법원 충주지원 2021.01.22 2020고단506
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father and mother of victimized child B ( South, 7 years of age).

피고인은 2019. 10. 14. 충주시 C 아파트 D에 있는 주거지에서 피해 아동이 피고인의 지갑과 돼지 저금통에서 돈을 훔쳤다는 이유로 피해 아동의 손과 발을 테이프로 묶고, 피해 아동의 핸드폰 목걸이 줄로 피해 아동의 목을 조르고, 손바닥으로 피해 아동의 왼뺨을 1회 때렸다.

As a result, the Defendant committed physical abuse that may harm the physical health and development of victimized children, and committed emotional abuse that may harm the mental health of victimized children.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. A basic certificate and a family relation certificate;

1. Case summary

1. Application of the photographic Acts and subordinate statutes;

1. Article 71 (1) 2, subparagraph 3 and 5 of Article 17 of the Act on the Punishment of Children and Child Uniforms, which applies to the facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 8 (1), (2), and (3) of the Act on Special Cases concerning the Protection and Observation of Child Abuse Crimes and Punishment, etc. of Child Abuse Order;

1. According to the proviso of Article 29-3 subparag. 1 of the Act on the Prevention of Reoffending of Children’s Uniforms Exemption from Employment Restriction Order (the sole observation of protection and attendance order alone could expect the effect of re-offending), the Defendant’s age, occupation, criminal record, family relation, family environment, the circumstances and result of the instant crime, the degree of benefits and disadvantages expected by the employment restriction order, expected side effects, prevention of child abuse crimes that may be achieved by the order, and the effect of protecting the victims, the Defendant’s employment shall be punished by imprisonment with prison labor, taking into account the following factors: (a) the Defendant’s employment, occupation, criminal record, family relation, family environment, and the course and consequence of the instant crime; and

However, the defendant who had originally been Vietnam has married to Korea and has caused the victimized child.

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