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(영문) 서울중앙지방법원 2019.05.24 2019고단2164

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

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

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

Reasons

Criminal facts

The defendant worked as a teacher in the victim E (five years of age at the time) of the "C Child Care Center" in Gangnam-gu Seoul Metropolitan Government.

At around 10:11 on September 18, 2017, the Defendant committed child abuse against a child under protection by setting the victim’s threshold and breaking the victim’s body twice in his/her hands on the ground that the victim does not see the Defendant’s eye, and by assaulting the victim’s body twice, etc., from that time until October 13:10 on October 18, 2017, as shown in the list of crimes in the attached Table, and by committing emotional abuse that may injure the physical health and development of the victimized child at least six times in total.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of a statement of damage to E;

1. The police statement concerning F;

1. Application of Chapter IV (A)-A-related Acts and subordinate statutes to CCTV data at crime scene;

1. Relevant Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Articles 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Articles 71 (1) 2 and 17 subparagraph 3 of the Child Welfare Act (physical abuse), Articles 71 (1) 2 and 17 subparagraph 5 of the Child Welfare Act, and selection of fines, respectively;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 8 (1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant, as the teacher of the child-care center in this case, has a duty to protect and rear the victimized child so that the victimized child can grow properly and physically, such duty is insufficient, and rather, it is not good to commit the crime by repeatedly committing physical and emotional abuse against the victimized child. Although it is difficult to view that the degree of assault against the victimized child is more severe than that of ordinary assault, the age of the victimized child at the time of this case is five years old.