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(영문) 서울북부지방법원 2019.08.12 2018고단4776

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged is a person who served as a nursery teacher at C Childcare Center located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, from March 2018.

1. On April 2, 2018, the Defendant committed the crime against the victim D (the third years of age) committed physical abuse, such as drinking food to the victim as the victim refused to drink a boomed at the above child care center without eating it, and drinking food to the victim, and intending to put food to the victim again after having discussed the victim's boomed, thereby impairing the body of the child or undermining physical health and development of the body.

2. The Defendant committed a crime against the victim E (year 4) 15:25 on the same day as paragraph (1) of this Article 15:25, on the same day, brought in the victim’s arms and legs to the Defendant, refusing to drink p.m. at the same place, and brought in foods in the Defendant’s future. The Defendant committed physical abuse, such as forcing the victim to put foods into the victim’s entrance even if the victim had discussed, thereby impairing the child’s body or undermining physical health and development.

2. Determination

A. Article 17 subparag. 3 of the former Child Welfare Act provides that “an act of abuse that causes bodily harm to a child” as one of the prohibited acts. Here, the term “injury to a child’s body” refers to an act of causing a negative change to the body to the extent corresponding thereto even if the exercise of physical force against the child does not reach the degree of “injury” which damages the completeness of the child’s body or impedes physiological functions.

(see, e.g., Supreme Court Decision 2015Do6781, May 12, 2016). B.

The CCTV images taken at the time of each of the instant actions, which were directly supported by the facts charged against the Defendant, are located.

According to CCTV images, the defendant, on April 2, 2018, 10 years old and 3-4 years old and 3-4 years old and 3 years old and 3 years old and 10 years old and 3 years old, complete meals.