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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2018.11.22 2018노634
아동복지법위반(아동학대)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) committed noise to the victim by blocking the victim from suffering with his/her hands in order to speak; and (b) did not contain the quality of eating on the part of the victim, such as the facts charged.

B. The sentence of the lower court (eight months of imprisonment, two years of probation, one year of protection observation, and 40 hours of order to attend a lecture) is too unreasonable.

2. Determination

A. The victim stated in the trial court that there was no fact that the defendant was on the victim's body, as alleged by the defendant, when he was on the victim's body.

However, in light of the situation of the victim, actions, details of the complaint, and the circumstances leading up to the statement of the court of the case immediately after the following cases, the statements in investigation agencies and the court of the original instance are more reliable than the statement of the victim at the trial.

Since the defendant's use of force, such as the facts charged, is recognized as having committed physical abuse against the victim's child, the defendant's assertion of mistake is rejected.

On August 12, 2017, the victim sent a message to L and G Kakao Stockholm to the Defendant, and the Defendant sent the victim’s face.

On the same day, G was staying in G's house after the night, and she was consulted at a specialized child protection agency due to the advice of the natural children who were living in the school only after the formation of the family.

On August 16, 2017, the counseling content was delivered to the police, and the victim directly prepared a written complaint and submitted it to the police.

피해자는 고소 당일을 포함하여 3 차례 수사기관 조사와 원심 법정에서 피고인이 피해자의 몸 위에 올라와서 입을 막고 주먹으로 때리고 손으로 누르면서 뭉갰다고

was stated.

The defendant also lost the center while fighting with the victim's body in the investigative agency, and the victim was in a state where the victim was flick, and the defendant was flicked.

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