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(영문) 인천지방법원 2016.06.15 2015노4364

아동복지법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The Defendants’ act in the summary of the grounds of appeal does not constitute emotional abuse against victimized children, and there was no intention of abuse, and thus, there was an error of law by mistake in the lower court that found otherwise guilty.

2. Determination

A. In full view of the following facts admitted by CCTV (No. 193 of the evidence record) and duly admitted and investigated by the lower court, the lower court determined that each of the instant acts committed by the Defendants constitutes emotional abuse that may inflict damage on the mental health and development of victimized children by exceeding the degree of normal discipline, and that at least did not have any negligence on the Defendants.

For the reason that it is reasonable to view that the Defendants were guilty.

1) The facts of recognition A) Defendant A: (a) Defendant A changed the Defendant’s book to read the Defendant’s book; (b) the Defendant refused this; (c) the victimized child was placed on the floor; (d) the Defendant had the victimized child left the book; (c) the victimized child was brought to one hand; and (d) the Defendant again left the book and had the victimized child carried it out to the victimized child; and (e) the victimized child brought the victimized child to the Defendant’s book.

In addition, the defendant gives two damages to the defendant and the defendant with the responsibility of the victimized child who was in a more distant place.

(2) After that, the Defendant and the victimized child are able to keep a book, the victimized child begins to put up, and the Defendant, who continued to have the victimized child moved to the entrance by cutting the arms of the victimized child, continues to talk with the victimized child’s arms in the original place after moving them to the entrance.

(3) At around 16:30 :10 video play-up hours, it is confirmed that the Defendant’s hand does not apply to the relevant books (on the front sign yellow and back sign yellow), but other objects are carried out (at this time, part of the neighboring children shall be included therein).