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(영문) 대전지방법원 서산지원 2018.08.08 2018고단174

아동복지법위반(아동학대)

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is a person who operates a H kindergarten in Seosan-si G, and Defendant A is a teacher of the above H kindergarten.

1. Defendant A

A. On November 22, 2017, the Defendant committed a physical abuse that, around November 22, 2017, 2017, the victimized child was forced to sit on the floor, and caused physical harm to the body, health, and development of the body by putting the victimized child into the floor, on the ground that the victimized child went to the classroom located in the H kindergarten located in Seosan-si G, Seosan-si on the ground that he/she was prone and became a victimized child, and that he/she was prone.

B. On December 4, 2017, the Defendant committed an act of physical abuse that, on the ground that the Defendant went to the H attraction activity room located in Seosan-si G on December 4, 2017, on the ground that he was frightened by I (five years of age) and was frightening the head of the victimized child, thereby damaging the child’s body, damaging the child’s body, or impairing the physical health and development of the body.

2. Defendant B, who is an employee of the Defendant, committed the same offense as that described in paragraph (1) in relation to the above H kindergarten work.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. Statement made by the police to J;

1. The defendant B and his defense counsel's assertion on each investigation report [including documents attached to the CCTV upon the time of assault], the defendant B and his defense counsel asserted that the act of the defendant Eul in the facts charged does not constitute physical abuse.

However, in light of the form of the act, physical abuse is sufficiently recognized.

Next, employee also does not apply both punishment provisions which are punished because he/she has fulfilled his/her duty of care and supervision.

However, there is no special effort for the prevention and detection of physical abuse in the fact that the two times of abuse in the facts charged was not known, and there were many suspicions other than the facts charged.