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(영문) 서울남부지방법원 2016.04.27 2016고단496

아동복지법위반

Text

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.

Reasons

1. The summary of the facts charged in the instant case is the person who served as H Child Care Center C's teacher in Yeongdeungpo-gu Seoul Metropolitan Government, and Defendant B is the head of the above child care center.

A. At around 15:50 on June 5, 2015, Defendant A abused the victim I by repeatedly making the victim I 70 times and the victim JJ 20 times every twenty times on the ground that he did not follow the direction of the victim I(3) and J(3) return to this class hours and did not follow the direction, and thereby inflicted damage on other originals.

B. Defendant B, who was employed at the above time and place, committed the above abuse in relation to the Defendant’s duties.

2. Determination

A. 1) The defendant and his defense counsel's assertion against the defendant A and his defense counsel, and the defendant I and J have ever been able to sit.

I tried to do so and argued that it only constitutes a decoration and that it cannot be viewed as an abuse prohibited by Article 17 subparagraph 3 of the Child Reinstatement Act.

2) The purpose of the Child Reinstatement Act is to guarantee the welfare of a child so that the child can be born healthy and happyly and safely (Article 1 of the Child Reinstatement Act). With respect to child abuse, “The physical, mental and cruel acts committed by adults including the protected person, or by sexual violence or cruel acts that may harm the child’s health or welfare or impede the normal development of the child, and by abandoning or neglecting the child’s protector.

Article 71(1) of the same Act provides for an act prohibiting a child from being allowed to do so, and provides for a penal provision for a person who commits such prohibited act under Article 71(1) of the same Act.

In regard to the facts charged in this case, the prosecutor's act of the defendant "any physical abuse that may injure the child's body or injure the physical health and development."