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(영문) 의정부지방법원 2018.10.30 2018고단884
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
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

The defendant is a person who was a teacher in the care center of D Apartment C Apartment 201 Dong 101, 101 when the game is good.

At around 09:15 on May 25, 2017, the Defendant, within the victim E (4), deducted her toy with the victim E (4) and, on the ground that the victim was carried out, took the victim’s scood, took the victim’s scood, and took about 10 minutes of the victim’s face with the victim’s her face, pushed the victim’s face and mixed with the victim’s face, thereby detrimental to the mental health and development of the victim’s mental health and development. From that time to July 25, 2017, the Defendant committed emotional abuse over a total of 28 times, such as the list of crimes, which was written in the list of crimes. The Defendant committed emotional abuse that undermines the physical health and development of the victims of the child at the above childcare center, and caused harm to the mental health and development of the victims two times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness F and G;

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

1. The CD;

1. Application of Acts and subordinate statutes to replys as a result of investigation of child science suspicion cases;

1. Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes against the pertinent crime; Article 71(1)2 and Article 17 Subparag. 3 (a) of the former Child Uniforms Act (Amended by Act No. 14925, Oct. 24, 2017); Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Articles 71(1)2 and 17 Subparag. 5 (a) of the former Child Uniforms Act (Amended by Act No. 14925, Oct. 24, 2017); Articles 71(1)2 and 71(5) of the former Child Uniforms Act (Amended by Act No. 14925, Oct. 24, 2017); the selection of imprisonment or 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. According to CCTV images submitted as evidence for sentencing reasons under Article 8(1) and Article 8(3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses by Ordering Service and Ordering Education, the defendant's attitude toward him/her is overall.

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