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(영문) 대구지방법원 김천지원 2017.04.27 2017고단313
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant served as infant care teachers from May 6, 2015 to September 8, 2016 at the “E Child Care Center” located in the Gu and America from May 6, 2015.

At around 12:42 on July 25, 2016, the Defendant: (a) committed physical abuse against the child’s physical health and development of the child, such as assaulting the child who is one of the members of the child at the “E Child Care Center” class; (b) while taking the brushes by taking the brushes and taking the brushes into account, the Defendant committed a emotional abuse against the child’s physical health and development, such as assaulting the child, by using the art bridge (the length of approximately 20cm) from that time until September 10:39, 2016, as shown in the list of crimes in attached Form 22 times in total, from that time, from that time, the Defendant committed an act of assaulting the child, who is one of the members of the child at the same time, by taking advantage of his/her hand or with the bell, or by doing harm to the mental health and development of the child.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

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

1. A report on internal investigation (a list of 112 reported cases), stenographic records, and internal investigation reports (a list of damaged children’s statements or video CDs);

1. Application of Acts and subordinate statutes to an investigation report (a certificate of a suspect, infant care teacher, etc.); an investigation report (a document supporting child care centers, such as victimized child L), an investigation report (a document attached to a victimized child's personal information and his/her guardian's contact address, etc.); an investigation report (a document attached to a CCTV CD on the heat screen); an investigation report (a document attached to a photograph after closure of the video screen); and an investigation

1. Relevant Article 7 and Article 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Crime, and Selection of Imprisonment, respectively, under Articles 71 (1) 2 and 71 (1) 3 and 5 of the Child Welfare Act;

1. Unfavorable circumstances for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: Child abuse crimes are crimes that may adversely affect the formation of sound personality of victimized children, and child care centers should be protected.

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