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(영문) 부산지방법원 2019.09.18 2019고단689
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A from August 6, 2018

8. By the 13th day, a person who works as a building C in Busan Metropolitan City, or as a child care teacher in the E-care center in the first floor of Ddong, and is in charge of child victim F (n, 2 years of age), G (n, 2 years of age), H (n, South, 1 years of age), I (n, 2 years of age), J (n, 2 years of age), K (n, 2 years of age);

Defendant

B shall be the president of the above child care center.

1. At around 11:40 on August 13, 2018, Defendant A committed physical abuse that harms the physical health and development of six victimized children on a total of 24 occasions, as indicated in the attached Table of Crimes, between August 6, 2018 and August 13, 2018, as Defendant A refused to breadly breadly breadly boomed on both legs on the ground that the victimized child F (e.g., f., g., g., g., boom) was not drinking. Defendant A’s face was forced to breadly bread by milching the breath, booming the breath, booming the body development of the victimized child, as indicated in the attached Table of Crimes.

2. Defendant B, as the head of the above E-Child care center, committed physical abuse that may harm the physical health and development of the six victimized children, as seen above, by Defendant A, who is an employee of the Defendant.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of the witness M;

1. Statement of the N in the police station;

1. Application of Acts and subordinate statutes to a criminal report (CCTV image attachment);

1. Article applicable to criminal facts;

A. Defendant A: Articles 7, 10(2)12 and 2 subparag. 4 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Articles 71(1)2 and 17 subparag. 3 of the Child Welfare Act; Articles 71(1)2 and 17 subparag. 3 of the Child

(b) Defendant B: Article 7, Article 10(2)12, and Article 2 subparag. 4 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Article 74, Article 71(1)2, and Article 17 subparag. 3 of the Child Welfare Act

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. An order to attend a lecture (Defendant A);

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