beta
(영문) 대구지방법원 2018.09.13 2017고단5819

아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who has served as a child care teacher in charge of the Pakistan of a child care center C in Daegu Nam-gu.

1. On September 2, 2016, the Defendant: around 12:03, 201: (a) obstructed the part of Da(3) of the victimized child D(3) seated in front of the table by her mar.

2. On September 21, 2016, the Defendant, from around 12:12 to 12:19, had the victimized child E (3) be confined in the above places, and in the toilets located in E (3) E (3) E (3) E (3) E (3), the toilets closed, and had the toilet be confined.

3. On September 27, 2016, the Defendant: (a) around 11:56, at the same place as above, had the victimized child F (3 tax) boomed on the ground that the victimized child F (3 tax) boomed on the floor, and had the victimized child boomed up two times by hand, and boomed the damaged child boomed on the ground that he she boomed on the floor; and (b) had the victimized child boomed on the spot by inserting the water boom in the course of drinking.

4. On September 30, 2016, from around 12:02 to around 12:14, the Defendant continued to drink boomed with the victimized child, even though he did not refuse to drink boom in the above place, such as G (n, 3 years old) of the victimized child G (n, e, e, f, vain) of the victimized child, and vain, in spite of his refusal to do so.

As a result, the Defendant, as a private childcare staff member, committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child, or committed emotional abuse that may injure the mental health and development of the child.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Each legal statement of the witness H and I;

1. Application of the CDA-1 statute

1. Article 7 and Article 10(2)12 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses for the Crime, Articles 71(1)2 and 17 subparag. 3 and 5 of the former Child Uniforms Land Act (Amended by Act No. 14925, Oct. 24, 2017); and selection of fines, respectively,

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 70 of the Criminal Act to attract a workhouse.