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(영문) 광주지방법원 2016.02.18 2015고단1683
아동복지법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who serves as a special teacher responsible for the support of disabled students and guidance for life in Seo-gu D elementary schools in Gwangju Metropolitan City.

No person shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development.

On March 3, 2014, the Defendant: (a) on the ground that the victim E (8 tax) was not well concentrated on class hours due to the relationship with the disabled, and education of the victim who was enrolled in the first place within the above school support group; (b) on March 2014, the Defendant 3 to 4 times viewed the victim’s two sides.

In addition, from Egre to November 24, 2014, the Defendant took time off the Victim F (6 years) with a reflect disability of the same victim as the above victim on a total of six occasions, such as the statement in the list of crimes attached hereto.

As such, the Defendant committed physical abuse against the victim’s children that may injure their body or injure their physical health and development.

Summary of Evidence

1. A statement by the defendant in court (limited to the facts constituting the crime committed again in attached Table 1, 2, and 4);

1. Application of the respective statutory statements of G, H, I, J, and K

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 71(1)2 and 17 subparag. 3 of the Act on the Place of Child’s Reinstatement of Punishment, and the selection of a fine (including the fact that the defendant was the primary offender, the details and degree of the child abuse of this case, and the fact that the defendant deposited KRW 1 million in compensation group for damages for victims, etc.)

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. As to the Defendant’s assertion of Articles 70(1) and 69(2) of the Criminal Act concerning the confinement of the workhouse, the Defendant asserts that there was a need for education to block and guide the victims’ self-harm behavior and the improper issuance of stones, and that the method and degree of punishment for the Defendant’s body is permissible in light of the social norms, and thus, it constitutes a justifiable act for educational affairs.

However, the circumstances leading up to each abuse.

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