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(영문) 부산지방법원 서부지원 2019.07.04 2018고단2575

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From May 2, 2018 to May 11:2, 2018, the Defendant committed emotional abuse that harms the mental health and development of children, such as: (a) the head of the building B in Busan Northern-gu; (b) the head of the child care center; and (c) the head of the child care center; and (d) around 10:46 to 11:25, on the ground that the child victim D (two years of age) was not satisfed; (b) the Defendant left the school; and (c) the Defendant committed emotional abuse that causes harm to the mental health and development of children, such as the child victim’s d (two years of age); and (d) the child, other than the victimized child, was spread only to the baby; and (d) the victimized child was satisfed two times to the

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (limited to attachment of a certificate of qualification for the head of a child-care center);

1. Reports on internal accidents (referring to the verification of CCTVs in child-care centers);

1. Determination as to the defendant and his/her defense counsel's assertion of report on internal investigation (as to the attachment of photographs on the part of the victimized child's injury)

1. Summary of the assertion

A. The Defendant did not neglect the victimized child, but separated the victimized child from another child, since the victimized child is in a situation where the victimized child can be disputed or better with other children.

B. The Defendant sent first to son except the victimized children, but this was boomed immediately after having boomed, it was waiting for the child to have boomed, because she could have a child talk.

C. Although there was a fact that the Defendant had committed twice the water reservoir, the Defendant did not have the intention of abuse due to the mistake that the child victim caused the other child's water reservoir to mislead the other child's water reservoir.

2. Determination

(a) The term “ emotional abuse that causes harm to the mental health and development of a child” in Article 17 subparag. 5 of the Child Welfare Act refers to not only the actual impairment of the mental health and the normal development of the child, but also the risk or possibility of causing such a result, and the emotional abuse for the child is always committed.