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(영문) 대전지방법원 2018.02.22 2017고단3611

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant, from July 1, 2007 to November 201, 2016, worked as the head of the secretariat at a child rearing facility called D located in Seo-gu Daejeon, Seo-gu, Daejeon, and the victim E (the current age 15) and the victim F (the current age 15) live in the above D.

A. From around 15:00 to 16:00 to the above D office on the ground that the victim E contesteds with the other originals of the above D, the Defendant 5 am her her son as well as the victim E’s her am her son, as the her am her son for snow removal work.

As a result, the Defendant committed physical abuse that may injure the victim's body or harm the health and development of the body.

B. From around 16:00 on the same day, the Defendant took the hand floor of the victim at one time on the ground that he/she got her prone to the victim E, and she took three times on the part of the victim with a person with plastic material (30cm in length).

As a result, the Defendant committed physical abuse that may injure the victim's body or harm the health and development of the body.

(c)

At around 21:00, the Defendant knew of the fact that the victim E and the victim F committed a similar act in the above counseling room, and knew of the fact to the above victims in the process of confirming the facts, the Defendant saw the victim E's scam with the hand floor once, and continued to turn the victim F's scam with the hand floor at three to four times.

Accordingly, the defendant committed physical abuse that may harm the victims' body or harm their physical health and development.

2. Determination:

A. Article 17 subparag. 3 of the Child Uniforms Act provides that “any act of physical abuse that causes damage to a child’s body or undermines the physical health and development of a child” as one of the prohibited acts. Here, the phrase “injury to a child’s body” is up to the degree of injury inflicted upon a child’s completeness or physiological function due to the exercise of physical force against the child.