Ga. Violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

2016 Highest 5101 (Joint) (Child abuse by persons engaged in child welfare facilities, etc.)

(b) Injury;

(c) Violence;

(d) Child Welfare Violation (child abuse);

1. A. (b) ; d. A and the head of a child-care center;

Residence

Reference domicile

2. (a) . (c) B, instructors

Residence

Reference domicile

E. B. H. H. H. (Lawsuits) and F. H. (Trial)

Law Firm Doo-do, Attorneys Yju-young (private ships for Defendant A)

Law Firm (with Limited Liability) Rogogos, Attorneys Owa-ho

(private ships for Defendant B)

October 6, 2016

Defendant A shall be punished by imprisonment with prison labor for one year and fine for 3,00,000 won and by imprisonment with prison labor for 6 months.

However, for two years from the date this judgment became final and conclusive, the execution of the above sentence against Defendant B shall be suspended.

Defendant A’s period of 100,000 won converted into one day if the above fine is not paid by Defendant A.

shall be confined in a workhouse.

To order the defendant A to pay an amount equivalent to the above fine.

Defendant A’s completion of a child abuse treatment program for 40 hours, and Defendant B’s death for 80 hours;

An order to attend a meeting service and a lecture for the prevention of recidivism of child abuse for 40 hours.

Criminal facts

[2016 Highest 3238]

Defendant A is the person obligated to report child abuse as the president who operated ○ Child Care Center from May 1, 2012 to May 2016, 2016.

On April 11, 2016: around 42:42, the Defendant committed assault on five occasions from the above date to April 11: 22, 2016, the Defendant committed emotional abuse against another child’s mental health and development; at the same time, the victimized child C (0 years of age) committed physical harm to the child’s body, as stated in attached Table 25, on April 27, 2016, on the ground that the victimized child’s son (here son, 0 years of age) did not go up to the floor by her hand on the ground that he/she did not go up with the Defendant’s side, and she did so. At the same time, the Defendant committed assault on five occasions from the above date to April 11: 22, 2016, and, at the same time, committed emotional abuse against another child’s mental health and development, and at the same time, inflicted physical harm on the child’s health and body at the same time during the 6th day.

"2016 Highest 5101,

Defendant A is the head of ○○ Child Care Center run from May 1, 2012 to May 2016, 2016, and Defendant B works as a child care teacher from September 2014 to May 2016, and the Defendants are the persons obligated to report child abuse.

1. Defendant A

(a) Violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (child abuse by child welfare branch workers, etc.);

On January 15, 2016: (a) around 06, the Defendant 12: (b) 06, at the above ○○ Child Care Center, abused the victimized child E (nbb, 2 years of age) with his/her fingers, and did not drink, and (c) with his/her fingers and her fingers at several times when the victimized child’s her her her her her her her her her her her her her her her her her her her her her her her her her her his/her her her her her her her her her hand and forced him/ her to collect her her her her her her her her her her her her hand on the her her her hand, and committed emotional abuse that may harm the child’s mental health and development.

(b) Child Welfare Violation;

B, as stated in Paragraph 2, assaulted a child victim F (two years of age) with respect to the defendant's duties at the date, time, and place specified in Paragraph 2, and committed emotional abuse that harms the mental health and development of a child.

2. Defendant B

피고인은 2016 . 1 . 27 . 11 : 05경 위 ○○어린이집에서 피해아동 F ( 2세 ) 가 말을 듣지 않는다는 이유로 오른손으로 바닥에 앉아있던 피해아동의 왼쪽 발을 잡아당겨 피고인 의 앞으로 오게 한 다음 피해아동의 양팔을 잡고 피해아동의 손바닥을 이용하여 8회에 걸쳐 피해아동의 뺨을 세게 때리고 , 피해아동의 양손을 위로 들어 올린 뒤 2회에 걸쳐 힘껏 내려 앉혀 엉덩방아를 찧게 하였다 .

As a result, the defendant abused a child victim, and at the same time, commits emotional abuse that harms the mental health and development of the child.

Summary of Evidence

[2016 Highest 3238]

1. Defendant A’s legal statement

1. Each police statement to G, H, I, and J

1. Domestic internal investigation reports ( CCTV analysis), internal investigation reports (CtV video analysis interim reports, etc.), investigation reports ( CCTV images);

Flags, etc.)

1. A victimized child victim D's photograph;

1. A written diagnosis of injury;

"2016 Highest 5101"

1. Defendants’ respective legal statements

1. Each police statement of K, L, and H;

1. A report on internal investigation (a CCTV analysis);

1. Efagics by cutting down the cruel image;

Application of Statutes

1. Relevant Articles of criminal facts;

○ Defendant A: Articles 7 and 10(2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

12 Subparagraph 2 of Article 71(1) of the Child Welfare Act, Article 17 Subparag. 5 (Emotional Child Abuse) of the Child Welfare Act, children

Article 7 and Article 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Child Welfare Act

Article 71(1)2, Article 17 subparag. 3 (Physical Abuse) of the Criminal Act, and Article 257 of the Criminal Act.

The point of the year), each of the Criminal Code Article 260(1)(a) and the punishment of a crime of child abuse, etc.

Article 7 of the Act on Special Cases, Article 10(2)12 of the Act, Article 74 of the Child Welfare Act, and Article 71(1)2 of the Child Welfare Act;

Article 17 (Crimes of Abuse by Employees)

○ Defendant B: Articles 7 and 10(2)12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

HS Heading, Article 71(1)2 of the Child Welfare Act, Article 71(1)5 of the same Act, Article 17 Subparag. 5 of the same Act (the point of emotional child abuse), the Criminal Act

Article 260 (Assaults)

1. Competition;

○ Defendants: Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

○ Defendant A: The remaining crimes except for the crime of violating the Child Welfare Act due to the abuse by employees.

Determination of Imprisonment for each Imprisonment

○ Defendant B: Selection of imprisonment

1. Aggravation for concurrent crimes;

○ Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

○ Defendant B: Article 62(1) of the Criminal Act (General Considerations favorable to the reasons for sentencing as follows)

1. Detention in a workhouse;

○ Defendant A: Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

○ Defendant A: Article 334(1) of the Criminal Procedure Act

1. Orders to provide community service, complete education and attend lectures;

○ Defendant A: Article 8(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

○ Defendant B: Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc., crime of child abuse

Article 8(1) and (2) of the Act on Special Cases concerning Punishment, etc.

Reasons for sentencing

1. Application of the sentencing criteria;

A. Defendant A

[Scope of Recommendation Form]

General Criteria for Abandonment and Abuse: Type 2 (Serious Abandonment and Abuse).

[Person under Special Leave]

Child abuse crimes committed by persons obligated to report child abuse prescribed in Article 7 of the Child Abuse Punishment Act;

applicable in the case of

* The scope of final sentence due to the aggravation of multiple offenses: one year to three years;

B. Defendant B

[Scope of Recommendation Form]

General Criteria for Organic Abuse: Type 2 (Serious Abandonment and Abuse) (one year to two years).

[Person under Special Leave]

Child abuse crimes committed by persons obligated to report child abuse prescribed in Article 7 of the Child Abuse Punishment Act;

applicable in the case of

2. Determination of sentence;

A. Defendant A

The instant crime is committed by the Defendant, the head of a child-care center, who is obligated to protect the infants, such as the victims, and to provide them with education. The Defendant, who is the head of the child-care center, is more than 2 to 3 years of age, has committed physical and emotional abuse1, such as continuously exercising physical power for a considerable period of time. The nature of the crime is not good, and the crime is very heavy. Such abuse against the infants may interfere with the formation of the personality of the infants, and it should be criticized for acts that may arouse a false perception. The instant crime is committed by the victims, as well as their families, and the victims have raised heavy mental distress and heavy punishment against the Defendants, and repeatedly, the Defendant is trying to determine the age and conditions of the Defendant’s crime, such as the Defendant’s order and punishment, as it appears difficult to do so, taking into account the following circumstances: (a) the Defendant’s primary crime and the closure of the Defendant’s kindergarten operation; and (b) the Defendant’s order and punishment, as the result of the crime.

B. Defendant B

The Defendant, a child care teacher of a child care center, who is obligated to protect victims healthyly, nurture and educate them, and protect them based on the child abuse, committed emotional abuse in which the Defendant exercised violence against the victims who are more than 2 to 3 years of age, rather than those of the victims, and the liability for such crime is not less harsh. The abuse against the infants, such as this, may interfere with the formation of the personality of the infants, and should be criticized for an act that may mislead them, and the parents of the victims also want to punish the victims with severe punishment.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the frequency of the instant crime was only one time; (c) the Defendant was the first offender who has no record of punishment so far; and (d) the Defendant’s age, character and conduct; (b) details and motive leading to the instant crime; and (c) circumstances before and after the instant crime; and (d) the conditions of sentencing specified in the instant summary and arguments, including the circumstances before and after the instant crime, the sentence of the same sentence as the order shall be imposed within the scope of the sentencing guidelines.

Judge Iseather

1) In the event that the restored scenario images, there are doubts as to whether the Defendants’ act was not a daily one.