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(영문) 창원지방법원 2019.03.20 2018고단3579

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a teacher at the "C" group (three years of age), and Defendant B is the head of the above kindergarten in the Jinhae-si.

1. No person who is a defendant A shall commit emotional abuse against a child that may injure the mental health and development of the child;

At around 15:16, May 18, 2018, the Defendant, as a person obligated to report a crime of child abuse, committed an emotional abuse that may inflict harm on the mental health and development of the 18 victimized children of the above C group, including assaulting the victimized children D (the 3 years old), by setting up a bomer and selling the victimized children once in a book, etc. from August 27, 2018, by using the same method as the list of crimes in attached Form C, from August 27, 2018.

2. Defendant B, as the head of the above child care center, committed emotional abuse against the victimized children as described in paragraph (1) above, who is an employee of the Defendant with respect to the Defendant’s duties.

Summary of Evidence

1. Defendants’ legal statement

1. Police protocol on E, F, G, H, I, J, K, L, M, N, P, Q, R, T, T, U, and V;

1. Seizure records;

1. Each complaint;

1. Application of investigation reports (as to theCCTV analysis), response to a request for cooperation in operations, and CCTV photographic Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 7, Article 10 (2) 13, and Article 2 subparag. 4 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Article 72, Article 71 (1) 2, and Article 17 subparag. 5 of the Child Welfare Act;

(b) Defendant B: Article 74, Article 71(1)2, and Article 17 subparag. 5 of the Child Welfare Act

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Article 8 (1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows.