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(영문) 춘천지방법원 속초지원 2018.06.27 2017고단433
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person without any duty to report child abuse who was employed as an infant care teacher of “E Child Care Center” located in Si/Gu from February 26, 2016 to May 25, 2017.

No person shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development, and emotional abuse that may injure the mental health and development of a child.

Nevertheless, on May 8, 2017, the Defendant committed physical and emotional abusive acts, such as compelling the head of F before drinking F to the victimized child F(1) in the “E Child Care Center” around May 11:38, 2017, including the Defendant’s physical and emotional abusive acts from that time.

5. By December 16, 2200, eight victimized children were physically and emotionally abused, such as the list of crimes in the annexed list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by the police concerning G;

1. Domestic history reports (The current status of teaching staff of the E Child Care Center and accompanying materials for management of teaching staff);

1. Application of the Acts and subordinate statutes to photograph the CCTV of a child care center;

1. Article 7 and Article 10(2)12 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses for the Crime, Articles 71(1)2 and 17 subparag. 3 and 5 of the former Child Uniforms Land Act (Amended by Act No. 14925, Oct. 24, 2017); Articles 71(1)2 and 17 subparag. 3 and 5 of the former Child Uniforms Land Act; and each choice of imprisonment with labor

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses by Order to Attend Course is that child abuse constitutes a serious crime that may have a fatal impact on the growth and development of victimized children in the future as it infringes on the physical mental health of a child with psychological and physical development, and the defendant, as a child care teacher, is in a position to protect the child who is in charge of the child's entry as a child care teacher, as well as the expression of opinion.

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