beta
(영문) 서울서부지방법원 2017.03.16 2016고단4044

아동복지법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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 14:40 on October 18, 2016, the Defendant tried to leave the D middle school playgrounds located in Eunpyeong-gu Seoul Metropolitan Government, and prevented the victim from taking care of his/her hair and face on the ground that the victim was able to take a bath at the time of the sports activities taught by the Defendant without permission by the victim E (13 tax). On the ground that the victim was able to take a bath, the Defendant took care of his/her hair and face on the floor of hand and drinking, and kidbbbbing off the 21-day medical treatment for the victim, thereby leading the victim to the injury (cerebr).

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Records of the body photographs created by assault against the victim, and the statement made by the victim at the Seoul Sea Center;

1. Application of Acts and subordinate statutes to a report on generation (Assault) and report on internal investigation (a written statement of shots);

1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 3 of the Act on the Place of Punishment for Children and the Selection of Imprisonment with prison labor for the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is a teacher who has a duty to properly guide and discipline students. The defendant abused a victimized student who does not have any other resistance on the ground that the student was in bad faith and did not have any other resistance on about 20 occasions due to his/her face. This is an act that can not be justified in any case, and the defendant's act was committed physical and mental shock, and it seems that the injured student was in physical and mental shock, and it is very meeting whether the injured student was effective, and the defendant did not receive a letter of tolerance from the victimized student or his/her parent, and that the defendant did not take any measures for recovery from damage is disadvantageous.

However, it is also damaged by the statement of the student who observed the situation at the time.