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(영문) 광주지방법원 목포지원 2019.08.23 2019고정61

아동복지법위반(아동학대)

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the “C Kindergarten” teacher of the “C Kindergarten” set forth in the “C Kindergarten B”, and the victim E (five years of age) was a child who entered the said kindergarten D and received education from the Defendant.

At around 13:00 on June 19, 2018, the Defendant committed physical abuse that damages to the body of a child or damages to the health and development of a body by taking the body of the victim, by taking the body of the victim who was seated in the above kindergarten on the ground that the victim did not concentrate on the class, and falling off on the ground floor of the victim on the ground that the victim changed another place. The Defendant saw the victim’s face as one hand on the ground that the victim changed the other place, and caused the victim’s loss to the face.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. The written statement of the Center;

1. The Defendant’s assertion as to the investigation report (CC CCTV) and one CD-1 defense counsel, and the Defendant’s assertion is acknowledged to have committed the same act as the facts charged. However, this asserts to the effect that it does not constitute “physical abuse detrimental to the health and development of the body” under Article 17 subparag. 2 of the Child Welfare Act, and that it cannot be acknowledged as having been committed under the intention and purpose of education.

B. Article 3 subparag. 1 of the Child Welfare Act provides that the child’s health and welfare shall be protected (Article 1 of the Child Welfare Act), and only those under the age of 18 shall be protected (Article 3 subparag. 1 of the Child Welfare Act). Article 3 subparag. 7 of the Child Welfare Act provides that “any adult, including a guardian, does harm to the child’s health or welfare or commits physical, mental, or sexual violence or cruel acts that may impede the normal development of the child, and abandons or abandons the child’s protector,” and Article 17 subparag. 3 of the same Act provides that “any physical abuse that may harm the child’s body or injure the physical health and development of the child.”