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(영문) 인천지방법원 부천지원 2018.10.19 2018고단247

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 15,00,000.

Defendant

A 40 hours.

Reasons

Punishment of the crime

1. Defendant A is a person who has worked as a child care teacher in charge of △△△ (three years of age) at the D Child Care Center located in Bupyeong-si C.

On June 8, 2017, around 12:58, the Defendant, at the △△△△△△△ Group of the said Do Child Care Center, kiddddd children E (n, 3 years of age) with the victimized children E (n, e.g., those children) under his control, and kidd them over the upper bed with the Defendant’s body by hand, and repeated the victimized children over 3 to 4 times.

In addition, the defendant from June 8, 2017 to the same year as written in the list of crimes in the attached Form.

7. From November to November, 198, emotional abuse that harms the mental health and development of victimized children by a total of 31 times, or assaults victimized children at the same time.

2. The accused B is the head of the above D Child Care Center.

The Defendant, an employee, committed emotional abuse against victimized children, such as the date, time, and place described in paragraph (1) above.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the prosecution with respect to F, G and H;

1. Statement made to I by the police;

1. Each statement of J, K, H, F, L, M and N;

1. A protocol of seizure and a list of seizure;

1. Stenographic records and each statement assistant report;

1. Investigation report (only with respect to the attachment of photographs by cutting off CCTV images of the D Child Care Center), photographs by cutting down each CCTV, CD images, investigation reports (as to the details of answers to the written opinion of a specialized child protection agency), cases of replies requesting cooperation in business affairs, reports on investigation (as to the details of answers to the written opinion of the specialized child protection agency), application of Acts and subordinate statutes governing requests for cooperation in business affairs;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Articles 7, 10(2), and 2 subparag. 4(a) and (l) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse; Article 260(1) of the Criminal Act; Article 71(1)2 and Article 17 subparag. 5(b) of the former Child Reinstatement Act (Amended by Act No. 14925, Oct. 24, 2017; hereinafter the same).