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(영문) 대구지방법원 2019.05.16 2018고단3597

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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, from February 2, 2017 to December 16, 2017, worked as a half-time teacher of 'C' child care center in Daegu Dong-gu B', and the victimized child E(4) is a half-year student of 'D'.

1. Physical abuse;

A. On December 11, 2017, between 11:12 and 11:19, the Defendant sent a child victim to the entrance of a classroom, which is a blind spot, for about seven minutes on the ground that he/she is prone and prone in the English class of F teachers, in the “C” child care center D” class located in Daegu Dong-gu, Daegu-gu, Dong-gu, and that he/she is prone to a friend and over the long time of the English class of F teachers, and the victim’s son’s son’s son’s son’s son’

B. On December 15, 2017, from around 12:18 to 12:21, the Defendant: (a) moved a victimized child into a toilet, which is a CCTV blind zone, for the reason that it cannot be known during the process of planting the point of occupation; and (b) turned the victimized child into a toilet, which is a CCTV blind zone; and (c) laid the her seat into a part of the knife, and her tack.

As a result, the defendant committed physical abuse that may harm the physical health and development of the victimized child twice.

2. Emotional abusive acts between 11:23 and 11:3 on December 12, 12, the Defendant: (a) directed a child victim by setting up the child victim with approximately 10 minutes from the ambath to the ambath of the classroom and giving a warning by means of a ambath and an severe horse, on the ground that it cannot be known that the Defendant was in the part of the class of the said “D” class; and (b) he was in the part of the ambath to the ambath of the classroom.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victimized child.

Summary of Evidence

1. Statement made by G and H in the third protocol of trial;

1. Protocol of the police statement concerning G;

1. The statement of the defendant, I, or F in a recording book (548 pages of evidence);

1. A report on internal investigation (the statement of a victimized child in the video recording and stenographic records of the victimized child) and a report on internal investigation (Attachment to a photograph of the CCTV of the C Child Care Center);

1. A criminal investigation report (CCTV image reproduction verification), CCTV CD images;

1. Each letter;

1. The body photograph of the person in question;