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(영문) 춘천지방법원 속초지원 2020.04.22 2019고단235

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who worked as a fixed-term sports teacher at C Middle School in Gangwon-gu B, and a teacher under the Elementary and Secondary Education Act, who has been liable to report a crime of child abuse.

Victims D(13 years of age) are victims of the above Cmiddle School.

No defendant shall commit any physical abuse against a person obligated to report child abuse and a person who protects and educates a child, who may injure the child's body or injure physical health and development.

At around 12:30 on November 1, 2018, the Defendant continued to have the victim knee and knee knee, even though the victim had knee and knee knee knee knee knee knee knee the part of the victim's knee knee knee knee knee knee the part of the victim. As a result, the Defendant left the kne knebbbbbbbbbbbs of the victim's kne knefe knee knee kne, and caused damage to the part of the wall that requires approximately two weeks of treatment to the victim.

Accordingly, the Defendant committed physical abuse while harming the body of a child victim and undermining the physical health and development of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Investigation report (to hear statements from victims D or G telephone);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 7 and Article 10 (2) 20 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Welfare Act; Selection of fines for crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The exemption of the employment restriction order under Article 334(1) of the Criminal Procedure Act recognizes the defendant's wrong, and the defendant has no criminal records of the same kind, and the defendant's age.