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(영문) 인천지방법원 2016.04.07 2016고단155
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a child abuse treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a child care teacher of the E Child Care Center in Seo-gu Incheon, Seo-gu (5 years old) of the sunlight.

On September 24, 2015, the Defendant: (a) around 11:26 on September 24, 2015, the Defendant: (b) obstructed the victim F (3) who was seated in front of the entrance on the string of the instant day care center on the ground that the children were seated in the string of the string and continued to fluor; (c) caused the victim to go out of the floor after the string of the string of the string; (d) caused the victim to suffer injury, such as the injury of the string of the mouth and mouth, the impairment of the string of the 4-day medical treatment; and (e) subsequently, (e) caused the victim G (3) who was seated in front of the said F to go over the string of the string.

Accordingly, the defendant committed emotional abuse against the victims that may harm the mental health and development of children, and the victim F by assaulting the victim F.

Summary of Evidence

1. The accused's legal statement H and CCTV-cap photographs of each police report on H and I;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of the Child Abuse Crimes, Article 71 (1) 2, Article 17 subparagraph 5 (a) of the Child Welfare Act, Article 262, Article 260 (1) and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 8 (1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses Committed to Orderers;

1. Application of the sentencing criteria;

(a) Where he/she constitutes a child abuse crime of a person without reporting child abuse under Article 7 of the Punishment of Child Abuse Crimes Act in the aggravated area (one year to two years), two types of crimes (serious abandonment and abuse) (one year to two years) (special aggravated persons) (special aggravated persons) committed during the first offense (the scope of punishment imposed on the victim F], and the general criteria therefor;

B. The crime No. 2 (Child Abuse against Victims G) (the scope of recommendations) shall be general.

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