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(영문) 인천지방법원 부천지원 2016.10.13 2016고단104
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

1. Defendant A shall be punished by a fine of 3,00,000 won, and Defendant B shall be punished by a fine of 2,00,000 won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

1. From October 28, 2015, Defendant A served as a teacher teaching Korean classical music at a kindergarten located in Kimpo-siD by October 28, 2015.

At around 11:30 on October 14, 2015, the Defendant: (a) committed emotional abusive acts that inflict harm on the mental health and development of a child by exposing North Korea, who is placed in front of the victim, and classifying the head of the victim by hand, on the ground that the victim F (five years of age) is not concentrated in class of Korean class.

B. At around October 14, 2015, the Defendant: (a) classified the victim’s head on the ground that the victim was not concentrated in the class of Korean class; and (b) committed emotional abuse that harms the mental health and development of the child, on the ground that the victim was not concentrated in the class of Korean class.

C. On October 28, 2015, the Defendant committed physical abuse that may harm the physical health and development of a child by getting the victim and the victim faced with each other by taking the head of the child seated next to the victim, on the ground that the victim cannot concentrate in class of Korean class at the above kindergarten.

2. Defendant B shall be the president who is the representative of the E kindergarten as referred to in paragraph (1).

The Defendant, who is an employee of the above childcare center, was aware that the above A had a great sound to children, did not fully exercise due care and supervision to prevent child abuse in the above B as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective statements in the fifth trial records;

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Protocol of the police statement concerning G;

1. stenographic records of the F;

1. Certificate of identification number;

1. Application of CCTV closure photographs and video CD-related Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act, and selection of fines

B. Defendant B: Articles 74, 71(1)2, and 17 subparag. 3 of the Child Welfare Act; selection of fines

1. The former part of Article 37 and Article 38(1) of the Criminal Code among concurrent crimes

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