아동복지법위반(아동학대)
The defendant shall be innocent.
1. The Defendant, from January 2016, served in B, an institution providing activity support for persons with disabilities in Gwangjin-gu, Seoul from around October 24, 2016, was in charge of assisting the livelihood of the victim C (V, 7 years old) who was judged as having a second degree of self-pulmonary disability from around October 24, 2016.
1. On November 2016, at around 10:00, the Defendant: (a) reported on the first floor of the disabled welfare hall for the disabled in Jung-gu Seoul, Jung-gu, Seoul around 10:00, that the victim she she she sheed in his/her hand and she was sheed; (b) had the victim changed her her her her her her her her her her her her her her her her her her her her her her her part; (c) had the victim deprived the victim from the defect who intends to her her her her her her her her her child
2. From around December 2016 to January 2017, the Defendant: (a) reported from the third floor corridor of the welfare center for persons with disabilities, around 09:30, the date between the Defendant and around December 2016, the victim was forced to sit on the floor of the day by hand.
Accordingly, the Defendant committed emotional abuse that harms on the mental health and development of a victim, who is a child, at least twice in total.
2. Determination under Article 17 of the Child Uniforms Act provides for “an act of abuse that causes damage to a child’s body” as prohibited against a child under subparagraph 3, and separately provides for “an act of emotional abuse that causes harm to the mental health and development of a child” under subparagraph 5. However, an act that does not cause harm to the mental health and development of a child among the acts that cause damage to the child’s body cannot be presented from among the acts that cause damage to the child’s body, and the language and text of each of the above provisions, etc., the act under subparagraph 5 ought to be deemed to refer to an act of emotional abuse or physical form that does not entail the exercise of tangible power, but does not cause damage to the body (see Supreme Court Decision 2011Do6015, Oct. 13, 201).