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(영문) 대구지방법원 서부지원 2017.10.25 2017고단331
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by a fine of five million won for social welfare foundation B.

Defendant .

Reasons

Punishment of the crime

Defendant

A is a child care teacher in charge of king four persons from the G Child Care Center located in the Daegu-gu from April 7, 2016 to October 5, 2016. The defendant social welfare foundation B (representative H) is a corporation established for the purpose of the establishment and operation of a child care center and the entrusted operation of a child care center under the Infant Care Act, and the defendant A was employed as a child care teacher while operating the above G Child Care Center. The victim I (n, 2, J), victim K (2, L), victim M (n, 2, N), victimO (2, P, 2, 2, P), victim Q (R), the victim Q (son, 2, 2, and R) is a child care teacher in the above G Child Care Center.

1. On August 2, 2016, at the fourth class of G Child Care Center C in Daegu-gu, Daegu-gu, on August 2, 2016, Defendant A committed emotional abuse that may inflict harm on the mental health and development of a child by having the victim M wear the Defendant’s shoulder by hand over six minutes, and by having the victim M wear the Defendant’s shoulder over six minutes, and thereby inflict emotional abuse that may inflict harm on the mental health and development of a child at least 5 times in total from that time until September 26, 2016, as indicated in the daily list of crimes, etc.

2. The Defendant, a social welfare foundation B, was the employer of the Defendant, from August 2, 2016 to September 26, 2016, the Defendant committed a child abuse in relation to the Defendant’s duties, such as the entry in the list of crimes in the attached Form No. 1 at a total of 55 times from around August 2, 2016 to September 26, 2016, and did not take any measures despite the fact that other infant care teachers were fully aware of the Defendant’s duties, such as witnessing, etc., and failed to exercise due care and supervision, such as sufficiently confirming through CCTV, etc. to prevent the occurrence of child abuse, and

Summary of Evidence

1. The Defendants’ respective legal statements

1. A protocol concerning the examination of witness by a part of the prosecution against S;

1. T, U, S, V, and W respectively.

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