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(영문) 춘천지방법원 강릉지원 2017.07.13 2017고단437
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
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 is a public official belonging to the Gangwon-do Office of Education, who has served in the second grade 4 of the E elementary school in the East Sea, and is subject to the obligation to report child abuse.

From September 2, 2016 to November 2, 2016, the Defendant engaged in physical abuse that undermines the physical health and development of victimized children over 17 occasions in total, as shown in the attached Table 17 minutes, in E elementary school class No. 2 and 4 classes in the East East Sea, E, which were in front of the Defendant’s book, by cutting off the enjoys on the floor of the victimized children G (8 years old) (8 years old), which was in front of the Defendant’s book, and assaulting the victimized children at approximately 5 to 6 times on the floor, and from the spring (up to the first semester) to the end of November 2016, the Defendant committed a total of 17 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement report on H, I, J, K, L, M, N,O, G, P, Q, R, S, and T;

1. Stenographic records of U;

1. Application of Acts and subordinate statutes governing school life;

1. Article 7 and Article 10 (2) 20 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses, Articles 71 (1) 2 and 17 subparagraph 3 of the Child Welfare Act, Articles 71 (1) 2 and 17 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Crime and the Selection of 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. The grounds for sentencing under Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes by Order to Attend shall be determined as follows: (a) the sentencing conditions indicated in the records of the instant case, such as the age, sex, family relation, family environment, motive and means of the commission of the crime, circumstances after the commission of the crime, the number of victimized children, and the frequency of abuse committed, shall be comprehensively considered.

It is very difficult to say that an elementary school teacher who is obligated to take care of victimized children and protect them from child abuse has committed physical abuse over 17 times on the ground that he/she is not well in compliance with his/her direction.

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