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(영문) 서울남부지방법원 2018.08.29 2017고단5839

아동복지법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant, as a child care teacher at “B childcare center”, was serving in the “C” Ban, two years of age from March 2016 to February 2017, and served in the “D” Ban, which is comprised of 14 children, from March 2017 to May 31, 2017, and was in charge of child care.

On April 17, 2017, around 14:44, the Defendant: (a) in the class “D” classes against the second floor of the Child Care Center 2 located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) in the victim F (F) the victim F (V 4 years old); (c) in the souther of this p.m.; and (d) forcedly cut off the instant cups on three occasions; and (c) made them mixed for about ten minutes with the hand floor.

In addition, from May 31, 2017 to May 13:03, 2017, the Defendant committed physical abuse or emotional abuse against the victim F, G (V, 3 years old), H (V, and 3 years old), such as the list of offenses in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. The K's statement;

1. A written accusation and a written complaint;

1. Investigation report (additional of victimized children);

1. Application of Acts and subordinate statutes on attached data;

1. Article 71(1)2 and Article 17 subparag. 3 and 5 of the former Child Uniforms Act (Amended by Act No. 14925, Oct. 24, 2017); the choice of imprisonment for a crime

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse by Order to Attend Course is that each of the crimes of this case is committed during the period and frequency of the crime, the number of victimized children, the degree of abuse, the degree of abuse, the fact that all of the crimes in the judgment are recognized and reflected, the defendant agreed with the parents of victimized children and received a letter, and the defendant also seems to have suffered considerable mental pain due to the fact that the crime of this case was committed against himself/herself, and the crime committed against victimized children and their parents, and the infant care teacher was only placed up until the transfer of this case.