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(영문) 인천지방법원 2016.04.07 2015고단7160
아동복지법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2, 2014 to June 8, 2015, the Defendant was working as a child care teacher in charge of 'Mansan' in the E-care center located in Bupyeong-gu Incheon Bupyeong-gu, Incheon.

On June 2, 2015, the Defendant committed emotional abuse that, around 12:54, 2015, the victim F (the 6 years of age) promised to use the fluorous lids as fluors, and after the use, the fluort lids of the fluoral fluor’s lids was not closed. The victim fluored fluord fluords on the ground that the fluor did not close the lids of the fluoral fluor, fluor’s chest fluor, and fluords fluords in the direction of the Defendant’s left side. From that time to August of the same month, the Defendant committed emotional abuse that caused damage to the mental health and development of the victimized children at least nine times in total, as written in the list of crimes attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs by capturing each abuse video recording of police statements by G, H, I, and J;

1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 5 (one point in school) of the Act on the Place of Punishment for Children and the Selection of Imprisonment with prison labor for the crimes;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act; Article 8 (1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses;

1. Application of the sentencing criteria [Scope of Recommendation] The scope of punishment for the mitigation area (two months to one year) (special mitigation) of the mitigation area (special mitigation (special mitigation)] / Where a child abuse crime constitutes a child abuse crime committed by a person without a report of child abuse as provided for in Article 7 of the Punishment of Child Abuse Crimes Act, the scope of final sentence for the aggravated punishment: February to October 1;

2. The records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case, shall be recorded under the sentence of sentence.

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