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(영문) 창원지방법원 2014.02.14 2013고정1493

아동복지법위반

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is the Jindo-si Jindo-si Child Care Teachers in Jindo-si, Jindo-si, and Defendant B is the one who served as the same child care teacher in the same child care center.

No one shall commit any emotional abuse against a child that may injure his/her mental health and development.

Nevertheless, from February 7, 2012, the Defendants committed emotional abuse, including: (a) from the above childcare center, the Defendants did not do so to lower the level of the son; (b) and (c) do a threatening act, such as lowering the floor of the son on the floor of the son; and (c) reconfiscing the lower level of the son; and (d) raising a large interest to regulate the child’s behavior; and (c) taking the field of the son.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of K and L;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 5 of the same Act and Article 30 of the Criminal Act concerning the selection of applicable laws and punishment for crimes;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Punishment of a fine not exceeding 1,000,000 won to be suspended; and

4. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for detention in a workhouse.

5. Article 59(1) of the Criminal Code of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Code (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 201; 208Da1138, Apr. 2, 201)