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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is a child care teacher of "D" childcare center located in Gangseo-gu Seoul Metropolitan Government 203 Dong 101, and is a child abuse report-free person.
1. On April 22, 2014, the Defendant: (a) around April 22, 2014, when he sawd the victim E (for example, 2 years of age) at a childcare center, asked both arms of the victim on the ground that the victim was a bad and frequent; and (b) abused the victim physically.
2. Around June 16, 2015, the Defendant: (a) at a child care center at the above “D” around June 16, 2015, the Defendant: (b) had the victim enter the victim’s right arms with the victim’s hand on the ground that the victim was probed without eating breadb during meal hours; and (c) abused the victim physically.
Summary of Evidence
1. Partial statement of the defendant;
1. A president of the F;
1. Stenographic records of victim records;
1. The original son's pocketbook;
1. The defendant and his defense counsel asserted that the victim's photograph (the defendant and his defense counsel had committed the same act as the criminal facts stated in the judgment of the defendant, but they did not have the intent to physically abuse the victim.
However, according to each of the above evidence, it can be sufficiently recognized that the defendant's act caused the injury, such as the cost of a hole for the arms of the victim, and that the defendant had the awareness that the defendant did not have any negligence or harm the physical health and development of the victim, and that the above assertion is rejected.
Application of Statutes
1. Article 7 and Article 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Crime and for the Selection of Punishment, etc. therefor; Article 71 (1) 2 and Article 17 subparagraph 3 (Selection of Punishment, etc.) of the Child Welfare Act;
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. A fine of three million won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59(1) of the Criminal Act of the suspended sentence (the fact that the defendant agreed with the mother of the victim, and the previous criminal punishment has been imposed.