2015 Highest 3499 Child Welfare Violation

1. ① (74 years old, surplus), Note

Accommodation-si

Reference domicile Chungcheongnam-nam District

2. B. B. (83 years old, inn), Notes

Accommodation-si

Original State of origin

3. Kim (3) (70 years old, female) and director of child-care center.

Housing Ansan-si

Ansan-si in the place of registration

Kim J-jin (Lawsuits) and Shin Young-young (Trial)

Law Firm Gwangju, Attorney Lee Jong-soo, Counsel for defendant Lee Jong-soo

Attorney Choi Tae-tae, Kim Jong-han (for defendant ②)

Attorney Park Jong-jin (the national election for defendant Kim third)

September 3, 2015

[Defendant 1] A, B]

Defendant 1 ①, or B, shall be punished by imprisonment with prison labor for each of 10 months.

(1) The execution of each of the above penalties against Defendant A(i) and B(ii) for 2 years from the date this judgment becomes final and conclusive.

shall be deferred.

Defendant 1 ①, 120 hours for each 120-hour community service and 40 hours for the prevention of recidivism against child abuse

Each class shall be ordered to take a course.

[Defendant Kim third]

Defendant III shall be punished by a fine of KRW 5,00,00,00.

In the event that defendant Kim third does not pay the above fine, the period calculated by converting 100 won and 000 won into one day.

Defendant Kim third is confined to the Labor House.

The above fine shall be ordered to be paid in an amount equivalent to the above fine against Defendant Kim third.

Criminal facts

Defendant ① is a child care center at the time of permission, AA team (seven years of age). Defendant ② is a child care center at the same child care center, and Defendant ② is a teacher at the BB group (six years of age). Defendant Kim third is a person who is not the director of the above child care center.

1. Defendant 1 ①

A. On March 19, 2015, at around 09: 51, the Defendant: (a) committed physical abuse by assaulting the victim, thereby impairing the body of the child, or impairing the physical health and development of the body, on the ground that the victim Gangwon ○○ (the age of 6) who was seated on the floor and was playing with the school building box did not properly arrange the school building; (b) by sloping the victim’s bridge once, the victim’s bridge was walked by scambing the victim’s scam with the upper part of the victim, and by taking the victim’s scambling with the upper part of the victim, the victim scambling the victim over the upper part of the floor.

B. The Defendant, at the same place on the same day: 13:26: (a) committed physical abuse against a child by assaulting the victim’s face at two times with his/her left hand on the ground that the victim got in the toy panscis, thereby impairing the child’s body or undermining the health and development of the body.

C. At around 16:14 on the same day, the Defendant committed emotional abuse that may harm the body of a child or harm the health and development of a body by assaulting the victim outside of the classroom by force, under the law that the victim forced him/her to take the victim into custody of her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

2. Defendant B.

A. On October 31, 2014, the Defendant: (a) around 28, 2014, around 10:28: (b) around the classroom “B BB”, the Defendant set up the victim’s her part-time in the classroom floor on the ground that the victim’s her part-time behavior interferes with classes; (b) her part-time her part-time part-time her part-time her part-time her part-time her part-time her part-time with both her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part.

B. On March 17, 2015, the Defendant: (a) at the same place on March 11: 41, 201; (b) at the same time, at the request of the Defendant: (c) the victim’s strong face during art classes (6 years of age) ; (d) the victim brought up from “AA group” to “B group”; and (e) the victim took up from “A group” to “B group” to which the victim belongs; and (e) the victim took advantage of the foregoing 13 members of “B group” to which the victim belongs; and (e) the victim took emotional abuse that causes harm to the mental health and development of the child that was frightened by tearing the flag, causing harm to the child’s body by assaulting 23 consecutive parts of the victim’s chest; and (e) the victim inflicted damage on the child’s body and body by causing harm to the child’s health and physical development.

C. On March 23, 2015: around 02, the Defendant left the victim at the same place on the grounds that: (a) the head of the victim’s head ○○○ (the fourth-year-old head) was frightened and was faced with a fluorcing fluence of the victim’s head; (b) the Defendant fluored the back of the victim’s head, 2-3 sealed the fluor, and led the victim’s head to the classroom, leading the victim’s head to the classroom 3 times; and (c) the Defendant fluored the victim’s head on one occasion with the food board the victim’s face; and (d) harming the victim’s physical health and physical development.

3. Defendant Kim third

As a representative of the above child care center, the Defendant committed, at each time and place specified in paragraphs (1) and (2), i.e., the Defendant’s employee, i.e., the Defendant’s act of physical abuse with respect to the Defendant’s business or undermining the health and development of the body, or emotional abuse with respect to the Defendant’s mental health and development of the child, as described in paragraphs (1) and (2).

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

(a) A. B. Defendant ①, B. each of the subparagraphs 2 and 3 of Article 71(1) of the Child Welfare Act (physically)

Article 71(1)2 of the Child Welfare Act, Article 17(5) of the Child Welfare Act

head of (the point of emotional abuse, the choice of imprisonment)

(b) Defendant Kim third: the main sentence of Article 74 of the Child Welfare Act, Article 71 (1) 2 of the Child Welfare Act, and Article 17 (3) of the same Act

heading (physical abuse) each of the Child Welfare Act, the main sentence of Article 74 and Article 71(1)2 of the Child Welfare Act;

Article 17 (Notices of Emotional Abuses)

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Detention in a workhouse;

Defendant A. B. A. B.: each Criminal Code Article 62(1)(3) of the Criminal Code.

C)

1. Orders to provide community service and attend lectures;

Defendant A. B. A. B.: each Criminal Code Article 62-2(1) of the Criminal Code, Article 59 of the Probation Act

The main sentence of paragraph (1)

1. Order of provisional payment;

Defendant Kim third: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. A. B. Defendant A. B.

1 Crimes

[Scope of Recommendation Form]

Standard of Abandonment and Abuse, General Standards of Type 2 (Serious Abandonment and Abuse)

[Aggravated Punishment (Aggravation)]

In case of a child abuse crime of a person obligated to report specified in Article 7 of the Child Abuse Punishment Act (including serious efforts to recover damage)

Second Crimes

[Scope of Recommendation Form]

Standard of Abandonment and Abuse, General Standards of Type 2 (Serious Abandonment and Abuse)

[Aggravated Punishment (Aggravation)]

Where he/she constitutes a child abuse crime of a person obligated to report;

Type 3 Crimes

[Scope of Recommendation Form]

Standard of Abandonment and Abuse, General Standards of Type 2 (Serious Abandonment and Abuse)

[Aggravated Punishment (Aggravation)]

In case of a child abuse crime of a person obligated to report specified in Article 7 of the Child Abuse Punishment Act (including serious efforts to recover damage)

* The scope of final sentence due to the aggravation of multiple offenses: February to January 1.

【Determination of Sentence】

Defendant (1) ①, B: 10 months of imprisonment, and 2 years of suspended execution (in spite of the fact that the Defendants were in the position to protect the children of child care centers including the victims as child care school assistants, the Defendants did not commit each of the crimes under paragraphs (1) and (2) of the judgment with their parents’ trust, but the Defendants were against the Defendants, the Defendants were the first offender, the Defendants agreed with the victims, and the Defendants were sentenced to punishment as ordered in full view of all the circumstances such as the number of crimes committed and the type of crimes committed by the Defendants.)

2. Defendant Kim third

The defendant has taken CCTVs that can be seen by using a mobile phone for the reason of the period of adaptation to a child care center, and is not negligent in exercising due care and supervision in relation to each of the crimes in paragraphs (1) and (2) of the judgment No. 1 and (2). However, the defendant reflects the nature of the defendant, and the defendant's punishment is determined as ordered by considering all the circumstances that the defendant is the first offender.

Judges Kim Jong-hwan