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(영문) 인천지방법원 2015.07.07 2015고단754
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)등
Text

Defendant

A shall be punished by imprisonment with prison labor for nine months, by imprisonment for four months and by fine for five thousand won.

Defendant

B above.

Reasons

Punishment of the crime

1. From February 21, 2013 to January 15, 2015, Defendant A served as an infant care teacher of “F Child Care Center” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and Defendant A was in charge of Eslone half (two years of age) in the year of 2014.

At around 16:00 on December 22, 2014, the Defendant brought a physical disease to the victim as shown in the attached Table I No. 13, and brought the victim to the victim, as if the victim were her, on the ground that the victim G (n, 2 years of age) had come into a locking room with water on the inner side and the classroom floor of the locking room, at around 16:0 on December 22, 2014, the Defendant brought the victim into a physical disease as shown in the attached Table I No. 13, and then brought the victim into a locking room, and then cut down the inner side with the victim’s face one time with the victim’s own hand.

In addition, from May 2014 to January 14, 2015, the Defendant committed emotional abusive acts that harm the mental health and development of the victim H as shown in attached Table 1 No. 2, and the public prosecutor of attached Table 13, 17, and 39 indicted on the attached Table I No. 13, 17, and 39 as “an abusive acts that injure the physical health of the child” under Article 17 subparag. 3 of the Child Welfare Act against the attached Table I No. 13, 17, and 39, but the Defendant was indicted as “an abusive acts that injure the child’s body” under Article 17 subparag. 5 of the Child Welfare Act, among those that injure the child’s body, is not likely to cause any substantial disadvantage to the Defendant’s exercise of his/her right to defense. Thus, without the written indictment, the Defendant recognized each of the crimes of abuse of child welfare facilities, etc. due to “the emotional abusive acts that injure the mental health and development of the child.”

In the same manner, the victim G, I, and J committed emotional abuse that may injure mental health and development over three occasions, as described in each description, at the same time, and at the same time, habitually commit offenses Nos. 1, 4 through 7, 9 through 13, 15 through 18, 23 through 25, 28.

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