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(영문) 의정부지방법원 2015.08.21 2015노492
아동복지법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant's head of the child victim is when using punch block at the time and place specified in the facts charged, but this is merely a relative to the head of the child-care center in the course of practice for preparation of recompeachment in the child-care center, and it is not an act with the intent to abuse the child, and the judgment of the court below convicting the defendant of the facts charged of this case on a different premise is erroneous in the misapprehension of legal principles or in the misapprehension of legal principles.

2. Article 1 of the former Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014; hereinafter the same) provides that “The purpose of this Act is to guarantee the welfare of a child so that the child can grow healthy and happyly and safely,” and Article 2 of the same Act provides that “The purpose of this Act is to ensure that the child is born in a healthy manner, and that the child can grow happyly in a stable family environment for the development of perfect and harmonious personality (Article 2(2)).” The basic ideology of this Act is to stipulate that “The child’s interest in all activities relating to the child ought to be first considered (Article 3(3)).”

Meanwhile, Article 3 subparagraph 7 of the Act provides that "child abuse means harm to a child's health or welfare or physical, mental and sexual violence or cruel acts that may impede normal development of a child by adults, including the protector, and abandonment and neglect committed by the protector."

In addition, Article 17 of the same Act provides that "an act of abuse that causes damage to a child's body" in subparagraph 3 and subparagraph 5 of the same Article provides that "an act of emotional abuse that causes harm to the mental health and development of a child" shall be prohibited. Thus, an act that does not harm the mental health and development of a child among acts that injure a child's body may not be presented.

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