200 Highest 5310 Child Welfare Act (Child abuse)

A (69 years of birth, south) and number of trees

Housing Daegu

Kim Purification (prosecution) and Lee Jae-in (trial)

Attorney Kim Young-young (Korean National Assembly)

April 22, 2021

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the defendant to be put on probation.

To order the defendant to take a lecture for the prevention of recidivism of child abuse for 40 hours.

The defendant shall order the employment restriction to a child-related institution for three years.

Punishment of the crime

The defendant is the father and father of the victim B (n, 20 years of age), victim C (n, 18 years of age), victim D (ma, 13 years of age).

1. On the first and second half of 2015, the Defendant: (a) at one’s home located in Daegu-gu, ○00, the Defendant 1 took a knife knife of the victim D (at that time eight years of age) on the ground that the victim D (at that time eight years of age) returned home at a normal and late time; (b) knife the victim with a knife on the part of the victim B (the knife knife knife knife knife knife knife knife knife knife knife k

Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victim D and the victim B.

2. The Defendant: (a) around 18:00 on December 2, 2017, at the inside of the residence described in paragraph (1) around 18:0; (b) on the ground that the Defendant was aware of the theft of the toy expansion from the home flus South Daegu store before the victim D (at that time, 10 years of age) and then stolen the toy expansion from the home flus South Daegu store; (c) he was out of the victim’s clothes; and (d) he was able to sleep the victim’s body with his hand in a way that he was able to sleep the victim’s body in the remaining condition, and

As a result, the Defendant committed physical abuse against the victim D, who is a child, or harming the physical health and development of the body, and committed emotional abuse that harms the mental health and development of the victim.

3. On January 17, 2018, the Defendant: (a) around 14:00, at the main place of residence indicated in paragraph (1); (b) the victim B (at that time 17 years of age) retired from the Taekwondo hall on the ground that the victim B (at that time 17 years of age) was unable to enter the Taekwondo hall; (c) but (d) the victim was able to boom the victim’s body with plastic broom (at least 40cm in total length) on

As a result, the Defendant committed physical abuse against the victim B, who is a child, or undermining the physical health and development of the body, and committed emotional abuse detrimental to the mental health and development of the victim.

4. At around 20:00 on February 11, 2018, the Defendant: (a) held the victim D (at that time, 10 years of age) as a tea; (b) forced the victim to drink a boom in a boom; (c) forced the victim to drink a boomed boom; and (d) when the victim’s boomed with her hand and boomed the cream of the victim refused to do so, the Defendant taken the boomed her life toward the suppression of the victim.

As a result, the Defendant committed physical abuse against the victim D, who is a child, or harming the physical health and development of the body, and committed emotional abuse that harms the mental health and development of the victim.

5. On March 8, 2018, the Defendant: (a) placed the victim B (at the time of 17 years of age) and the victim C (at the time of 15 years of age) on the ground that he did not speak himself; (b) placed the victim’s head and body kneekel; (c) reported the victim C, who was in his house, at around 02:0 on March 9, 2018, 200, she tried to see the victim’s head and body knekel; and (d) she placed the victim’s head and body knick at the victim’s house at the victim’s house at the victim’s bar at the victim’s house at the victim’s bar (at the time of 15 years of age; and (d) placed the victim’s head and body knish at the victim’s house at the victim’s house at the victim’s house at the victim’s bar at the victim’s house at 3rd of her mother.

As a result, the defendant committed physical abuse against the victim B and the victim C, which is a child, or harm the physical health and development of the body, and committed emotional abuse which harms the mental health and development of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and B;

1. Investigation report (to hear statements made between victims B);

Application of Statutes

1. Article applicable to criminal facts;

Articles 71(1)2 and 17 subparag. 3 (a) of the Child Welfare Act (Amended by Act No. 14925, Oct. 24, 2017); Articles 71(1)2 and 17 subparag. 3 (a) of the Child Welfare Act (a crime of physical abuse against a child in the market) of the Child Welfare Act; Articles 71(1)2 and 17 subparag. 3 (a crime of physical abuse against a child in the market) of the Child Welfare Act; Articles 71(1)2 and 17 subparag. 5 (a crime of emotional abuse against a child in the market) of the Child Welfare Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (trade between physical abuse and emotional abuse in each subparagraph of paragraphs (2) through (5) at the time of display)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation;

Article 62-2 of the Criminal Act

1. Order to attend lectures;

Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

1. An employment restriction order;

The main sentence of Article 29-3(1) of the Child Welfare Act

Reasons for sentencing

The Defendant repeatedly committed a crime of child abuse under the influence of alcohol several times. Although the Defendant was in a position to protect and culture the victims who are children, he saw the victims of sexual abuse beyond the extent of a savement, thereby leading them to a cleaning agent. Despite the fact that the instant case was sent as a home protection case, the Defendant was indicted under a criminal trial procedure due to his failure to faithfully perform the relevant procedure. The Defendant did not faithfully engage in the instant trial procedure. These points are factors to be considered disadvantageous to the Defendant.

However, under the circumstances favorable to the defendant, such as the fact that the defendant shows an attitude against the defendant who recognized the crime, the fact that the victimized children are not subject to criminal punishment against the defendant who is his father, and the fact that the defendant is expected to reduce the risk of re-offending by an order to attend a lecture for the prevention of recidivism against the defendant, etc. The defendant's age, environment, character and conduct, family relation, motive and means of the crime, the motive and means of the crime, the result of the crime, and the circumstances after the crime, etc., shall be determined as ordered

Justices Kim Nam-nam