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(영문) 대전지방법원 2017.03.08 2016고단2235

아동복지법위반

Text

Defendant shall be punished by a fine of four 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 works as a teacher of E kindergarten in the Seo-gu, Seo-gu, War, and is a teacher of the victim F (4 years) to take the vegetables of the victim F.

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 12:47 on February 3, 2016, the Defendant stated that the victim would late drink during the occupation time and interfere with preparing for the class hours, and that the victim's body and head are sealed by drinking, etc., and committed physical abuse from January 26, 2016 to February 3, 2016, as indicated in the list of crimes in the attached Table, such as that the victim's body and head are sealed.

Summary of Evidence

1. Legal statement of witness G;

1. Each police statement made to F and G;

1. One CD in storage of CCTV;

1. In the investigation report (report on the act of abusing CCTV on crime sight list) (the Defendant, instead, committed an act as described in the facts charged; however, the Defendant denied the criminal intent to the effect that the Defendant removed a boomed boom, removed him/her from his/her clothes, or her medicine was frightened, or that he/she did so. However, in light of the statements made by F and G and CCTV and the contents of CCTV images, it is reasonable to deem that the Defendant’s act constitutes an act of physical abuse that may harm a child’s body or harm physical health and development).

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 Punishment for Children and the Punishment for Specific Crimes;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The defendant, as a teacher of a kindergarten, has a duty to protect the child from child abuse.