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(영문) 대구지방법원 2019.01.17 2018고단40
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 16, 2016, the Defendant stated that “In the class D classes of the C Child Care Center located in the Gandong-gun, Gandong-gun, Gandong-gun, the victim E (n, 2 years old) was broken of other friendships,” and that “In a small year, the Defendant shall be selected from a dental clinic with a baby who has no friendship, and the width will do so.”

Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victim, who is a child.

2. At around 12:00 on July 12, 2016, the Defendant stated that “the Defendant was frightened and frighted, frightened, frightened, frightened, frightened, frightened, frighten in the toilets of the above C Child Care Center on the ground that the victim was frighten and frightened

As a result, the Defendant committed physical abuse that may injure the body of a child victim or harm the health and development of the body.

Summary of Evidence

1. Each legal statement of the witness F, G, H, I, and J;

1. The prosecutor's statement concerning G;

1. A complaint;

1. Reports (for making stenographic records after the investigation into injury by the E), stenographic records;

1. Application of Acts and subordinate statutes to investigation reports (related to statements made by the head of a child care center);

1. Relevant Article 7 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes, Article 7 of the former Child Welfare Act (amended by Act No. 14925, Oct. 24, 2017; hereinafter the same shall apply) and Article 71(1)2 and Article 17 subparag. 3 (the occupation of physical abuse), Article 71(1)2 and Article 17 subparag. 5 of the former Child Welfare Act (the occupation of physical abuse), each selective fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted that the defendant did not have any emotional and physical abuse against the victim, but the defendant is admitted by the evidence duly adopted and examined by the court.

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