아동복지법위반
1. The judgment below is reversed.
2. The sentence shall be suspended against the defendant;
1. Summary of grounds for appeal;
A. The defendant of mistake of facts established CCTV in the child care center of this case, brought out or confirmed CCTV inside the class from time to time, and performed the duty of management and supervision by inviting external instructors or conducting child abuse prevention education through the regular teachers' meeting. The judgment of the court below that recognized the defendant's crime of violation of the Child Welfare Act by misunderstanding the fact that it was impossible for the defendant to recognize or anticipate the abuse of this case, which affected the conclusion of the judgment.
B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.
2. Determination
A. In light of the following facts and circumstances acknowledged by the lower court and the evidence duly adopted and investigated by the court of first instance as to the assertion of mistake of facts, it is sufficiently recognized that the Defendant was negligent in exercising due care and supervision to prevent A from abuse as an operator of the child care center of this case.
Therefore, the defendant's assertion of mistake is without merit.
1) The instant child-care center is a private child-care center that cares for infants (under the age of 18) who need most protection (under the age of 6) among children subject to child abuse (including children under the age of 18), and the operator is required to pay high attention to the fiduciary relationship with the guardian who entrusted the infant and the prevention of child abuse. 2) The Defendant failed to detect A once once again, even though he/she repeatedly committed the abuse against the victimized child nine times between July 1, 2014 and July 16, 2014, and the act of abuse A was discovered through a report by the victimized child’s guardian and CCTV images.
3. Although the Defendant installed CCTV in the child care center of this case, the child care teachers of this case, including A and J, around the time of the crime of this case, are above.