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(영문) 서울중앙지방법원 2017.02.14 2016고단8808

아동복지법위반(아동학대)

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

However, the above punishment shall be imposed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who has served as a grass leaf child care teacher at the "F Child Care Center" in Gangnam-gu apartment in Gangnam-gu Seoul, and Defendant B is the head of the above child care center.

1. On March 24, 2016, Defendant A committed physical abuse that may harm the physical health and development of the victim by leaving the victim G (2) who was enrolled in the said “F Child Care Center” in the said “F Child Care Center” via the victim’s arms under his/her book, as well as physical abuse that may harm the victim’s physical health and development, from around that time to May 16, 16:00, as shown in the attached list of crimes committed on 37 occasions, from around that time to around 16:00, Defendant A committed emotional abuse that may harm the child’s physical health and development, and mental health and development.

2. Defendant B, from March 24, 2016 to May 16, 16:51, 201, to May 16, 2016, Defendant B, a Defendant’s employee, committed a violation as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police statement made with respect to G and H;

1. A written statement;

1. Stenographic records;

1. Each investigation report, and analysis of CCTV images of the F Child Care Centers;

1. A camera of the date of damage confirmed by the reporting person and of whether the reporting person is guilty of the abuse of other children;

1. Application of the Acts and subordinate statutes concerning each CCTV course photograph;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Each of Articles 71(1)2 and 17 Subparag. 3 (a) of the Child Uniforms Land Act; each of Articles 71(1)2 and 17 Subparag. 5 (a) of the Child Uniforms Land Act; each of Articles 71(1)2 and 17 Subparag. 5 (a) of the Child Uniforms Land Act; and each of the choice of imprisonment;

(b) Defendant B: Article 74 of the Child Uniforms Act, Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act (a point of physical abuse), Article 74 of the Place of Child Uniforms Act, Article 71(1)2 and Article 17 subparag. 5 (a point of emotional abuse) of the Child Welfare Act

1. Defendant A who is legally aggravated: Articles 7 and 10(2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes.