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(영문) 부산지방법원 2018.04.26 2017고단5959

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

[Defendant B] The defendant shall be punished by imprisonment with prison labor for ten months

The defendant is a child abuse treatment program for 80 hours.

Reasons

Punishment of the crime

No person shall commit any physical abuse against a child, which may injure his/her body, or injure his/her physical health and development, or emotional abuse that may injure the mental health and development of a child.

Defendant

B as an infant care teacher of the “G Child Care Center” located in the Geum-gu, Busan, from March 2, 2013 to September 18, 2017. Defendant A was the head of the above child care center, and Defendant A was the victim H, I, J, K, L, M, N,O, P, and Q, respectively, who was financed by the above child care center.

1. Defendant B, on June 19, 2017, on the ground that he did not listen well to the end of the Victim H (4 h) (hereinafter “G Child Care Center”) who was her infant care teacher within the classes of “G Child Care Center”, Defendant B, by hand, worked as a child care teacher instead of children from June 19, 2017 to September 15, 2017, for a total of 98 occasions, on the ground that he/she did not listen well to the end of the victim H (4 h) who was her infant care teacher, and was working as a child care teacher instead of children, as shown in the list of crimes in the attached Table, and committed emotional abuse that may inflict physical harm on the body of the victims, harm to their health and development, or harm the mental health and development of victims.

2. The Defendant A’s employee, at the time and place specified in paragraph 1, committed the Defendant’s emotional abuse that may inflict bodily harm on the victims of children, or that may injure their physical health and development, or that may injure the mental health and development of the victims.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. A protocol concerning the examination of the suspect concerning the defendant B by a certain prosecutor;

1. A protocol concerning the examination of suspect by a part of the prosecution against the defendant A;

1. A protocol concerning examination of the suspect of some of the police against the defendant B;

1. A protocol concerning the examination of partial police officers against the defendant A;

1. Police seizure records;

1. An investigation report (including evidence, such as each stenographic record, photograph, etc. with respect to 6, 8, 8, 15, 17, 23, 24, additional O, I, and H each time);

1. CCTV.