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(영문) 대전지방법원 2017.09.21 2017고단2907
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from March 2015 to February 2017, 2017, worked as infant care teachers at E-care centers located in 106 dong 106 dong 106, from March 2015, is a person without reporting child abuse crimes.

On September 20, 2016, around 16:06, the Defendant committed physical abuse that may harm the physical health and development of victimized children on seven occasions in total from around the above day to October 18, 2016, on the ground that the Defendant she saw the victim F (1 tax) son G, which is the son of the above child care center, along with annoyinglying she, along with the victim F (1 tax) G, which is the son of the above child care center.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement made to I, J, and K;

1. Application of Acts and subordinate statutes to accusations, photographs taken on the face of child abuse motion pictures, investigation reports (report on the results of ctv verification);

1. Article 7 and Article 10 (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Crime and for the Selection of Punishment, etc. thereof; Article 71 (1) 2 and Article 17 subparagraph 3 (Selection of Imprisonment) of the Child Welfare Act;

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 grounds for sentencing under Article 62-2 of the Criminal Act, Article 8(1) and Article 8(3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, and the following circumstances, including the defendant’s age, occupation, sex, environment, motive, means and result of the crime, circumstances after the crime, etc., and the various kinds of sentencing conditions as shown in the arguments of this case, shall be determined as per the disposition.

Unfavorable circumstances: The defendant, as a child care teacher, has an obligation to look at children in accordance with the characteristics of the development of children so that children can grow up in a safe and pleasant environment, but his/her behavior may affect the children under his/her care.

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