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(영문) 의정부지방법원 2017.05.10 2016고단5628

아동복지법위반(상습아동학대)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2016, the Defendant: (a) was a child care teacher of “F” 3 years of age in Gangwon-gu, Gangwon-gun; (b) committed emotional abusive acts that inflict physical abuse or harm on the mental health and development of ten young children belonging to the said “E” over 52 times in total, as shown in the attached Table of Crimes, against the victim G (hereinafter “F”) who was frighted to the upper end of the instant “E” class in Eslives around 11:56 on May 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each protocol;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure, internal investigation reports (an analysis of human resources suspected of child abuse and a request for opinion), internal investigation reports (related to attachment of opinions from Gangwon-do specialized child protection agencies), opinions from child protection agencies, internal investigation reports (related to the specification of victimized children), F Child Care Centers's CCTV photograph photographs and photographs, investigation reports (related to the change of victims), and investigation reports (referring to the opening of a meeting for child abuse management);

1. Relevant Article of the Act and Articles 72, 71 (1) 2, and 17 subparagraphs 3 and 5 of the same Article concerning the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Articles 8(1) and 8(2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses by Ordering Education are as follows: (a) the Defendant has committed a crime with a full confession of the crime; (b) the Defendant has no record of criminal punishment; and (c) six protectors from among victimized children do not want the punishment of the Defendant.