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(영문) 인천지방법원 2016.03.24 2015고단5910

아동복지법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 2014 to February 2, 2015, the Defendant served as a grass leaf child care teacher at the E kindergarten located in Bupyeong-gu Incheon Bupyeong-gu, Incheon.

At around 09:30 on October 2014, the Defendant put the victim’s hand to the second floor of the E kindergarten, on the ground that this direction was not well implemented by the victim F (4 years) who is a child suffering from developmental disability, on the ground that he was unable to implement this direction, the Defendant: (a) placed the victim’s hand on the floor of his hand by putting the victim’s hand on his hand and her other hand on his hand; (b) put the victim’s hand on his hand and her other hand, on the ground that he did not hear the end; and (c) put the victim’s hand.

As a result, the defendant exercised the force of force so that the victim does not have a duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording of each of the witness G and H's statements in the third public trial records;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Article 324 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : (a) the basic area (six months to one year) (special mitigation) / [a person subject to special mitigation] / The victim (a person subject to sentence] who is vulnerable to the crime of this case despite the defendant's duty to care for children as kindergarten infant care teachers, the crime of this case is very poor in light of the fact that the defendant committed the crime of this case. However, although the defendant was the first offender, the defendant is recognized as the principal offender, and is against the victim's mistake; (b) the victim's age, sex behavior, environment, motive and background of the crime, circumstances after the crime, etc. are considered as a whole, and the punishment is determined as per the order.