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(영문) 부산지방법원 동부지원 2018.10.11 2018고단1264

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)등

Text

Defendant

A Imprisonment for two years, Defendant B shall be punished by imprisonment for six months, and Defendant C shall be punished by a fine of KRW 15,00,000.

Reasons

Punishment of the crime

Defendant

A and B are infant care teachers working in the E-care center F in Busan Southern-gu, who are not subject to the report of child abuse, and Defendant C is the head of the child care center who operates the above child care center.

1. Defendant A

A. On December 1, 2017, around 11:34, the Defendant: (a) laid toy the damaged child G (one year old) and did not listen to the horses, on the ground that the Defendant did not listen to the horses within a half of the child care center F of the above E-child care center; (b) on the ground that the victimized child G (one year old), but did not listen to the horses, so that the victimized child’s to the left part of the victimized child would escape.

In addition, the Defendant engaged in emotional abuse against victimized children G, H (one year-year-old), and I (one year-old) in total 113 times, such as the list of crimes in attached Form 1 (1), (2), and (3), or committed emotional abuse detrimental to the mental health and development of victimized children, or detrimental to the physical health and development of victimized children.

B. Around November 23, 2017, around 14:30, around November 27, 2017, around 11:30 on November 27, 2017, the Defendant considered that B abused the victimized child G and H, as indicated in the List of Crimes No. 67 and No. 71.

The defendant, as a child care teacher in charge of victimized children, has a duty to take care of victimized children normally and to prevent physical and mental violence that may harm their health or welfare or impede normal development.

Nevertheless, the defendant did not restrain B from committing any act and neglected victimized children, thereby aiding and abetting B's physical and emotional abuse.

2. On November 23, 2017, Defendant B: (a) around 14:30, Defendant B spite the body of the victimized child G (one year old), spite the victimized child G (one year old); (b) spite the body of the victimized child by hand; (c) spit up the spite; and (d) spite the separated food again, and (e) spit up the affected child for about one minute of the following trees, and (e) spit up the affected child’s satch with the satching of the damaged child.

In addition, the defendant is 4, 45, 67, 71, and 76 out of the list of crimes in attached Form 3.