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(영문) 의정부지방법원 고양지원 2015.08.07 2015고단936

아동복지법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a child care teacher working from around November 5, 2014 at the “E Child Care Center” located in Ilyang-gu, Seoyang-gu, Busan Metropolitan City, and is a child care teacher in charge of child victim F (3 years of age). Defendant B is a child care teacher in charge of the above child care center since July 2014.

1. On January 7, 2015, at the above child care center around 13:50, Defendant A brought the child into the ward on the ground that the said child was cut down at the lower lock time, and that it interfered with other children’s diving, Defendant A committed physical abuse that may harm the health and development of the child’s body by taking the brus of the child into two hands and opening the door into the room without any reason, on the ground that the child was surged and surged on the floor of the ward.

2. As above, Defendant B, an employee of the Defendant, committed physical abuse that may harm the physical health and development of the child’s body.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G and H;

1. Copy of identification number certificate and authorization certificate for nursery facilities;

1. Application of statutes on the photographs of victimized children or child care centers;

1. Defendant A who is subject to applicable law on criminal facts: Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act; Article 74 and Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Defendant B’s assertion on Article 334(1) of the Criminal Procedure Act asserts that the Defendant paid considerable attention and supervision to prevent a violation of A.

In full view of the evidence duly adopted and examined by the court of this case, the victimized children, including the transfer of this case, are quiphered or detached to other children on the day before the day and on the day.