beta
(영문) 대전지방법원 서산지원 2014.07.03 2014고단363

아동복지법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who serves as a special teacher for young children at a kindergarten annexed to C elementary school located in B at the time of a party.

No person shall commit any abuse that causes damage to a child's body.

Nevertheless, at around 14:00 on March 31, 2014, the Defendant abused the victim’s body by taking about four times the direction wings ( tree, 35cm) cited by the victim D (V and disabled class 2) on the ground that he did not concentrate on class, and did not inflict any damage on the victim’s body by taking about about 14 hours of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 71 (1) 2 of the Child Welfare Act and subparagraph 3 of Article 17 of the Child Welfare Act, the selection of punishment for an offense, the selection of a fine;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant, as a special teacher for young children, has inflicted bodily injury upon the victim under his own guidance; (b) the Defendant appears to have faithfully directed the victim before the instant case; (c) the Defendant appears to have caused the instant crime by an excessive desire to educate the victims together with ordinary young children; (d) the Defendant appears to have agreed with the parents of the victims; and (e) the Defendant’s agreement was reached solely with the parents of the victims; and (e) the Defendant’s motive and developments leading up to the instant crime; (e) the circumstances after the commission of the crime; (e) efforts to recover damage; and (e) the Defendant’s previous conviction, etc.