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(영문) 춘천지방법원 원주지원 2019.10.24 2019고단611

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A has served as infant care teachers at the F kindergarten located in E in the original city from March 2013 to May 2019, and Defendant B is the head of the F kindergarten.

1. On July 4, 2018, Defendant A committed, at least 15 times until August 23, 2018, physical abuse and emotional abuse that inflict physical harm on the health and development of the body of the victims, and emotional health and development of the body of the victims of six children, including that, on the ground that the victim H (five years of age) was faced with a long time and was not concentrated in class, Defendant A was punished by hand for about 50 minutes after the classroom.

2. Defendant B, an employee of Defendant B, committed physical and emotional abuse against the victims of children, as described in paragraph (1), at the time and place described in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to I, J, K, L, M, and N;

1. Answers for cooperation with opinions on decisions on cases of child abuse (00 kindergartens);

1. Application of Acts and subordinate statutes to report internal investigation (Nos. 2 through 15, 19, and 20)

1. Article applicable to criminal facts;

(a) Defendant A: Articles 7, 10(2)13, and 2 subparag. 4 (l) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Articles 71(1)2, and 17 subparag. 3 (a) of the Child Welfare Act; Articles 7, 10(2)13, and 2 subparag. 4 (l) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Articles 7, 10(2)13, and 2 subparag. 4 (l) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Articles 71(1)2 and 17 subparag. 5

(b) Defendant B: Articles 74, 71(1)2, and 17 subparag. 3 (the act of physical abuse) of the Child Welfare Act; Articles 74, 71(1)2, and 17 subparag. 5 (the act of emotional abuse) of the Child Welfare Act

1. The physical abuse of Articles 40 and 50 of the Criminal Code, each of the ordinary concurrences.