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(영문) 서울동부지방법원 2019.01.10 2018고단2851

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person obligated to report a crime of child abuse under the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, who worked as a child care teacher of the Songpa-gu Seoul Metropolitan Government 'C Child Care Center', and the victim D (2 years of age), E (ma, and 3 years of age) is a child who attends the above child care center felb

1. On March 26, 2018, the Defendant engaged in physical abuse, at the above place, in order to prevent any defect that the victim D intends to pass behind the Defendant, etc., such as the Defendant, at his/her hand, committed physical abuse that may harm the physical health and development of a child by putting the victim out of the body, fluencing the victim into the bottom of the body of the victim.

2. Emotional abuse;

A. Around March 20, 2018, the Defendant committed emotional abuse against the victim D on the ground that the victim was not concentrating himself/herself at the above place on the ground that he/she was not well concentrating on his/her horses, thereby doing emotional abuse that may harm the mental health and development of the child by making the victim’s left side knife at one time.

B. Around March 26, 2018, the Defendant committed emotional abuse against the victim E on the ground that the victim was satisfed with another child at the above place on the ground that the victim was satisfed with the face of the victim five times, which caused harm to the mental health and development of the victim. (2) On March 26, 2018, the Defendant committed emotional abuse that, without any justifiable reason, embling a brick-shaped block at the above place and causing harm to the mental health and development of the child. (3) On March 12:53, 2018, the Defendant committed emotional abuse that, without any justifiable reason, harming the victim’s mental health and development.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. E statements;

1. Application of CCTV images, investigative reports (CCTV image analysis), and diagnostic reports statutes;

1. Relevant Article 7 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes, Article 71(1)2 of the Child Welfare Act and Article 17 subparag. 3 of the Child Welfare Act (a point of physical abuse) and the punishment for each crime of child abuse.