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(영문) 인천지방법원 2020.10.23 2020고정1010

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person obligated to report child abuse who worked as a child care teacher at a child care center in Yeonsu-gu Incheon.

Nevertheless, at around 10:26 on December 18, 2018, the Defendant does not hear the horses in the clear marine classroom within the above child care center, and committed emotional abuse that may harm the mental health and development of the victimized child by having the victimized child go beyond the rear three times in hand by having the victimized child go beyond the rear, and from then on January 10, 2019, the Defendant committed emotional abuse that may inflict damage on the mental health and development of the victimized child at least four times in total, such as the list of crimes in the attached Form.

Summary of Evidence

1. The witness C’s interrogation protocol D of the defendant in the prosecutor’s interrogation protocol against the defendant in the prosecutor’s protocol D, the request for cooperation in the investigation of each police’s statement of the E (Specialized Child Protection Agency in the Incheon-Namnam Department), the report of violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes in the response 112 Report Report Report Request following the cooperation request for investigation, and the internal investigation report (the defendant and his defense counsel asserted that the defendant’s act does not constitute emotional abuse as a whole; thus, it is reasonable to deem that the defendant’s act committed against the victimized child as stated in the facts of the crime in the judgment constitutes emotional abuse, considering the following factors: the defendant and his defense counsel asserted that the defendant’s act does not constitute emotional abuse; the relation between the defendant and the victimized child at the time;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Articles 7 and 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Article 71 (1) 2 and Article 17 subparagraph 5 of the Child Welfare Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.