아동복지법위반(아동학대)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
From November 1, 2018, the Defendant is a child care teacher of C (other than a general child care center, where the parents give up the bringing-up, or take care of the infants abandoned from their parents) in the following city B.
On November 16, 2018, at around 21:19, the Defendant: (a) divided the victim D (seven years of age) into his hand on the ground that the victim D (seven years of age) does not grow locked; (b) caused the victim’s side to be faced with the floor, and (c) took three parts of the victim’s left side face, side gate, side gate, etc., three times in the victim’s hand, and pushed off the victim’s side, such as the victim, etc., three times in number; and (d) until November 28, 2018, until November 20:56, the Defendant committed a total of 10 times, such as the attached list of crimes, thereby damaging the child’s body or impairing the physical health and physical development.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to request an investigation of a specialized child protection agency and a report on investigation (Evidence List 9, 10, 13);
1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 3 of the Child Welfare Act, the choice of punishment for an offense, and the choice of imprisonment with labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 8 (1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse Crimes;
1. Reasons for sentencing under Article 2 (1) of the Addenda to the Child Welfare Act (Act No. 1589, Dec. 11, 2018); the main sentence of Article 29-3 (1) of the Child Welfare Act (excluding subparagraph 23);
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. Scope of the recommended sentence according to the sentencing guidelines (a decision of type), and arrest, confinement, abandonment, or abuse;
(a) No serious organic or abuse [Type 2] (a) (a person who has a special offender] (a) basic area of recommendation and the scope of recommendations], six months to one year and six months of imprisonment;
3. Determination of sentence: Imprisonment with prison labor for a period of one year, suspension of execution for a period of two years, and this case;