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(영문) 수원지방법원 안양지원 2016.08.26 2016고단742

아동복지법위반(아동학대)

Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is a person who has been in office as a fluort teacher of a military chy-care center.

No person shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development.

Nevertheless, at around 12:06 on January 11, 2016, the Defendant: (a) laid down the upper door of the Manpo C Childcare Center located in Sinpo-si D on this book on the ground that the victimized child E (4 years) was taking the hand of another child; (b) laid down once on one hand the right ear of the victimized child who was seated on the face of the other child; (c) laid down the body of the victimized child seated on the two hand; (d) laid down the body of the victimized child seated on his knee on the kne, laid down the shoulder of the child; and (e) mixed the child on the kne, putting the shoulder of the victimized child on his kne; and (e) embling it.

Since then, the behavior of the victimized child's selling part of the other child's body is defective, and the damaged child's body seems to be towed by moving the left part of the victimized child's body, and the damaged child's body seems to be frighten in the resting area where the fastening part of the victimized child's body is frightened, and the damaged child's body was covered by the cushion on the body of the victimized child's body, and then the cushion was divided into the parts of the defendant's body.

As a result, the defendant committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records;

1. Application of Acts and subordinate statutes to each investigation report (the CCTV recording data of a C Child Care Center and the form of a victim's upper part);

1. Relevant Article of the Act and Article 71 (1) 2 and subparagraph 3 of Article 17 (Selection of Penalty) of the Act on the Place of Child’s Reinstatement for the Crime;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Unfavorable circumstances: The offense committed by the Defendant, who was a teacher of a child-care center, against a victimized child who has not been physically, emotional, or personally mature, shall not be light. - favorable circumstances: the Defendant.