아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Of the facts charged, the date of September 21, 2016 and September 2016.
1. The sentencing of the lower court (the suspended sentence of KRW 1,00,000 for a fine) is deemed to be too unhued and unfair.
2. Ex officio determination
A. From September 21, 2016 and September 30, 2016, the summary of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Crimes by Child Welfare Workers, etc.) among the facts charged is a child care teacher in charge of the strike of C childcare centers. From September 21, 2016 to September 12:19, the Defendant was a child care teacher in charge of C childcare centers. From September 21, 2016 to September 21, 2016, a child victim E (three years of age) was in a toilet located in the wave.
On September 30, 2016, from around 12:02 to 12:14, the Defendant continued to drink a breab in the child’s entrance, even though he did not refuse to drink a breab in the above place, such as where the victimized child G (n, 3 years of age) with infinites, and vain vain, in spite of his refusal to do so.
Accordingly, the defendant, as a private child care staff member of a child care center, has committed physical abuse against a child, or committed emotional abuse against a child's mental health and development.
B. The lower court determined that the Defendant was guilty of this part of the facts charged by comprehensively taking account of the adopted evidence.
C. According to the evidence examined by the first instance court and the trial court, the following facts are revealed: (i) the victimized child E entered the toilet at around 12:13; (ii) the victimized child E entered the toilet at around 12:14; (iii) the victimized child entered the toilet at around 12:15; (iv) two children entered the toilet at around 12:15; (v) the disabled child entered the toilet at around 12:16; and (v) the disabled child entered the toilet at around 12:16; and (v) the accused entered the above toilet at around 12:17; and (v) the Defendant moved to another place at around 12:18; (v) the Defendant opened the above toilet at around 12:19; and (v) the victimized child left the toilet at around 12:19.