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(영문) 서울북부지방법원 2018.02.07 2017고단4743

아동복지법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a new child care teacher of the D Working Child Care Center in Dongdaemun-gu Seoul, and the victim E (ma, 3 years of age), F (ma, 2 years of age), G (ma, 2 years of age), and H (n, 2 years of age) are all students of the above child care center.

On March 13, 2017, the Defendant: (a) committed physical abuse on the ground that the victim E, who is the child born by the Defendant at the above child care center, went beyond her her friend; (b) and (c) committed a physical abuse on either the victim’s hand and her left left and left; and (d) committed on March 13, 2017 through around 20 occasions from around March 13, 2017 to around March 30 of the same month, and committed emotional abuse that may injure the victim’s physical health and development.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the prosecution with regard to I;

1. Written Statement;

1. Application of examination of evidence and photographs (e.g., closure of a crime);

1. Articles 71 (1) 2 and 17 subparagraph 3 and 5 of the Act on the Punishment of Children and Child Uniforms, Articles 71 (1) 3 and 17 of the same Act concerning the crime, the selection of punishment by imprisonment;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution is committed by the defendant who committed physical and emotional abuse in the name of his/her duties, who is under the location to protect his/her children so that they can grow as healthy members of society while educating the children, and thus, is not guilty.

However, the defendant is deeply against the crime of this case, and there was no record of criminal punishment except for a long fine, and the defendant had the intention of incidental sama sama to the punishment.

Considering the visible point, etc.

In addition, all the sentencing conditions revealed in the trial process of this case, such as the defendant's age, sex, environment, relationship with the victim, motive and background of the crime, and circumstances after the crime, etc., shall be determined as per the order.