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(영문) 대전지방법원 논산지원 2015.07.10 2015고단125
아동복지법위반(아동학대)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a child care teacher of the E-child care center located in E-child in E-si.

The Defendant committed physical abuse that may harm the physical health and development of the victim F(4) who is the child and the original child of the above child care center as follows.

1. On January 13, 2015, the Defendant assaulted the victim at one time on the ground that the Defendant did not have any locked after the occupation of the child care center, in a class against the believers of the said child care center, and on the ground that the victim did not have any locked after the occupation of the Defendant.

2. On January 14, 2015, at around 12:55, the Defendant assaulted the victim at the place indicated in Paragraph 1, on the ground that the victim does not drink buckbbbbbbbbs, with the right side tightly, and with the left side bridge.

3. On January 15, 2015, from around 13:06 to 13:24, the Defendant assaulted the victim at the places indicated in paragraph (1), on the ground that the victim was not able to drink boomed well, twice the ship, once tightly, and twice the arms, and bucks of both legs bucks, and attached a arms and legs.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused and G by the prosecution;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 71 (1) 2 of the Child Welfare Act, Article 71 (1) 3 of the Child Welfare Act and Article 17 of the same Act concerning facts constituting an offense, the selection of a fine;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [a concurrent crimes with the punishment prescribed for a violation of the Child Welfare Act (child abuse) as stated in paragraph (3) of the same Article];

3. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant, as an employee of a child-care center in its ruling, committed a crime that may seriously affect the growth and development of the victim, in a case where he infringes on the health of the victim under developmental conditions even though he/she is in a position to protect the above child, such as the victim. This is also an act of trusting the Defendant and deceiving the parent of the victim to the above child-care center, and thus, the nature of such a crime is not easy.

(b).

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