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(영문) 수원지방법원 성남지원 2017.02.02 2015고단3055
아동복지법위반(상습아동학대)
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for six months;

(b)Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B A is the head of a private kindergarten "G kindergarten" in F of the Sungnam-si, Sungnam-si, who is in charge of the affairs of the above kindergarten, and the defendant A is the teacher of the above kindergarten's "new leader".

Victims H(4), I(3), J(4), K (3 years old), L (4 years old), M (4 years old), M (4 years old), N(4 years old), and N(4 years old) are children who have entered the new head of the above kindergarten and received education from Defendant A.

1. No person who accused A shall commit any physical abuse that may injure the body of a child, or that may injure the physical health and development of a child, or emotional abuse that may injure the mental health and development of a child;

The Defendant, at around 12:47 March 6, 2015, committed an abuse against the victim’s mental health and development, i.e., returning the victim’s body by getting the victim’s body to sit at the victim’s seat and continuing to be pushed back with the victim’s legs, on the ground that the victim’s H was faced with J, and then, the Defendant committed an abuse against the victim’s mental health and development from around the point of time of the above day to time.

1. Each act committed a physical abuse or emotional abuse that may injure the mental health and development of a child, 14 times in total, such as a statement in 3, 4, 6, 9 through 11, 15, 19 through 22, 26, and 28 (see the statement in the 12th page of the judgment below).

A prosecutor indicted all acts having initial physical contact as physical abuse, and subsequently, at the 9th trial date, the indictment was amended to add emotional abuse to the part prosecuted only for physical abuse.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Detailed police statements and statements related toO, P, Q, R, S, T, and U, each stenographic record for victimized children;

1. G kindergarten Cctvv video dvad;

1. The letter of authorization of the kindergarten, the new list of the leader, the application for membership, each medical certificate, photographs, and each of them;

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