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(영문) 수원지방법원 안산지원 2018.04.11 2017고단3399
아동복지법위반(아동학대)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant from March 8, 2017 to the same year.

4. Until February 25, 200, he is a teacher in charge of child care for five-year-old children, who is a member of the D Infant Care Center branch located in Gwangjin-si C.

The Defendant, at around 13:01 on March 16, 201, committed emotional abuse against the victim E (at the age of four) at the front class of the above D Child Care Center on the ground that the victim does not face her eye at the victim E (at the age of four), and committed a emotional abuse that may injure the mental health and development of the child by committing about five times the victim’s finger at the Defendant’s hand, and that he/she was in the same year from March 16, 2017 as indicated in the list of crimes in the attached list of crimes.

4. Until December 25, 200, the victim was 7 children of approximately 13 times, namely, emotional abuse and neglect.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (report on the verification of CCTV images of child-care centers) and application of Acts and subordinate statutes of specialized child protection agencies for investigation reports;

1. Article 71 (1) 2 and Article 17 subparagraph 5 and 6 of the Act on the Punishment of Children and the Place of Punishment for the Crime, the selection of a punishment for imprisonment with prison labor, and the selection of a punishment for the crime;

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. Article 8 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes against Child Attending Order, which is the reason for sentencing, the defendant is rather responsible for protecting the child to grow as healthy members of society, and the criminal liability is not weak in that the defendant has abused or deserted the child, or has not received any tolerance from the victim.

However, it is more advantageous to the fact that the defendant has led to the confession of all crimes and reflects against the defendant, and that it is the first offender who has no criminal history, and that it is difficult to find the purpose or intent of abuse, and that it is difficult to find the child care center in this case, and that the ten-year period has ceased to be a child-related institution in accordance with the Child Uniforms Act, making it difficult for the child-related institution to be employed in the future.

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