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(영문) 의정부지방법원 2017.10.26 2017고단3819
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a child abuse report-free person who worked for the "D Childcare Center" in 603, 104, Dong 104, both weeks, and Defendant B is the head of the "D Child Care Center" and the above child care center is operated as the head of the "D Child Care Center."

1. On December 22, 2016, Defendant A, at D Child Care Center around 13:24 on December 22, 2016, caused the victim E, who was taking advantage of the victim E (3 tax) and the victim F (33 tax) without getting out of the said locked, and then, Defendant A carried the back part of the victim E’s head by tightly pushing the victim E at one time, and led the victim E’s knife by putting the knife F’s knife., and forced the victim F to take out of the classroom.

In addition, from December 21, 2016 to January 19, 2017, the Defendant committed physical abuse or committed emotional abuse that may harm the physical health and development of the victim E, F, and G (3 tax) on seven occasions in total, such as the list of crimes in the attached list of crimes.

2. Defendant B, as the operator of the “D Child Care Center,” committed the above offense as to the Defendant’s duties, as described in paragraph (1) by A, who is an employee of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Investigation report (building and scale of child-care centers), photographs of child-care centers, and ground plan;

1. A investigation report (referring to the cases of CCTV readings for child-care centers) and screen screen of a CCTV image screen;

1. Authorization for child-care centers;

1. Application of each CD (CCTV) statute;

1. Article 7 and Article 10(2)12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse, Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act (physical abuse by a person without a report of child abuse), Articles 7 and 10(2)12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse, and Articles 7 and 17 subparag. 5 of the Child Welfare Act (child abuse by a person without a report of child abuse), Articles 7 and 10(2)12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse, Articles 71(1)2 and 17 subparag. 5 (child abuse by a person without a report of child abuse).

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