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(영문) 대구지방법원 김천지원 2018.03.28 2017고단1576
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as a teacher in charge of “Eslives” at the D kindergarten located in the Gu, Si, Gu, Si, and Gu, was not subject to a report of child abuse crimes.

At around 12:30 on June 29, 2017, the Defendant: (a) directed the victim E (at the age of 3) in the class of the victim E kindergarten sleep; (b) took a sprink for the reason that the victim does not drink breab; and (c) took a sprink for the victim’s left side, sprinkbling the victim’s food in the food board, and sprinked the victim’s food in the food board, and sprinked the victim’s food in several times, and committed emotional abuse that may harm the victim’s mental health and development, such as sprinking the victim into the food board.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Video recorded CDs or investigation reports on victimized children (preparation of damaged investigation stenographic records);

1. Application of the Act and subordinate statutes to a criminal investigation report (referring to the application of the Act and subordinate statutes to CCTV images taken on the face of a crime);

1. Relevant Article 7 and Article 10 (2) 13 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Crime, and Selection of fines under Article 71 (1) 2 and Article 17 subparagraph 5 of the Child Welfare Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses Committed to Order;

1. Although the reasons for the sentencing of Article 334(1) of the Criminal Procedure Act does not seem to be considered in light of the circumstances and schedule of the kindergarten, the characteristics of the victims and children, etc., the Defendant is obliged to endeavor and consider for the emotional stability of children in such circumstances, and the parents believe that they will do so, and have left the son to a kindergarten.

When considering the behavior of the defendant, which is confirmed by video, the victim and his parents do not seem to suffer mental pain.

However, the crime of this case occurred in the process of drinking booming to the victim who did not properly provide meals.

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