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(영문) 의정부지방법원 고양지원 2019.02.22 2018고단2452

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)등

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The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, each of June 25, 2018 and July 9, 2018.

Reasons

Punishment of the crime

The defendant is the head of a child-care center who is entrusted with infant care for infants between the age of 0 and the age of 2, and the victim B (math 23 months after birth, south) shall be from March 2, 2018.

8.6. It is the relationship between the director of the nursery and the person in need of protection who will perform duties such as infant care by contract.

On June 19, 2018, around 17:35, the Defendant assaulted the victim, etc. by force eight times with left hand, on the ground that the victim's refusal to drink food does not drink as soon as possible while drinking food.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victim, who is a child.

Summary of Evidence

1. Partial statement of the defendant;

1. 내사보고(피의자 자격증 제출), 수사보고(CCTV 녹화영상 분석)(첨부된 CD 영상 포함) 피고인과 변호인은, 이 사건 당시 피고인은 피해자에게 먹인 밥이 잘 내려가고, 기도폐쇄를 방지하기 위해 손을 동그랗게 오므려 가볍게 친 것에 불과할 뿐, 피고인의 행위가 정서적 학대에 해당하는 유형력의 행사에 해당하지 않고, 피고인에게 학대의 고의 또한 없었다는 취지로 주장한다.

The following facts and circumstances, which can be acknowledged by the evidence duly adopted and investigated by this Court, i.e., CCTV images taken at the time of this case, (i) according to the CCTV images taken by the Defendant, the Defendant had been able to drinked several times while drinking boomed. After doing so, it was confirmed that the Defendant had been able to get the victim, etc. up on several occasions, while drinking booming boom. The degree of the exercise of tangible power that can normally lead to the occurrence of force on the part of the victim, such as the victim.