beta
(영문) 부산지방법원 동부지원 2018.08.22 2017고단2504

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is an operator of a private teaching institute that operates D, “D,” and the victim B(10 years of age) and C(9 years of age) are students of the above private teaching institute.

1. On October 26, 2016, the Defendant: (a) 17:00 on October 26, 2016, on the ground that the Victim B (W, 9 years of age) was late in this class from the “D” located in the Busan Shipping Daegu E Apartment, Daegu, Busan, the Defendant sent a two handlights of the victim at one time with the diesel ( approximately 60cm in length, approximately 20cm in diameter, and approximately 20cm in diameter to 3 cm in diameter) that other students’ shack.

As a result, although the defendant was a person who has reported child abuse, he committed physical abuse against the victim B, who is a child under such protection, or harming physical health and development of the body.

2. At around 17:00 on November 3, 2016, the Defendant, on the grounds that the victim C (son, 8 years of age) did not have good attendance and was late in the class on the day, at around 17:00, the Defendant sent the victim’s mick ( approximately 1m in length, approximately 2cm in diameter and approximately 3 mm in diameter) with the victim’s muck and buckbucks, leading the victim’s mucks to a treatment unclaimed for treatment days by making it possible for the victim to do so.

As a result, although the defendant was a child without reporting child abuse, he/she committed physical abuse against the victim C, who is a child under such protection, or undermining physical health and development.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the prosecution with regard to G;

1. Each police statement protocol against B and C;

1. Six copies of a damaged photograph;

1. The application of Acts and subordinate statutes to investigation reports (in cases of reporting hearing statements of the complainants);

1. Relevant Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes for the Crime and the Selection of a fine, Article 7, Article 10, and Article 22 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes for the Selection of Specific Crime, Article 71 (1) 2 and Article 71 (1) 3 of the Child Welfare Act, and Article 17

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the promotion, etc. of litigation);