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(영문) 부산지방법원 2016.03.09 2015고단3492
아동복지법위반
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

From around August 2009, the Defendant served as a teacher of a child-care center located in Busan Young-gu E, and was in charge of six years of age from March 2014 to January 26, 2015.

In 2014, the Defendant, on the ground that the Victim G (V) was frightened at the above child care center around B around B, 2014, she was frightened by the victim, etc., and she was frightened to her to see and she.

Accordingly, the Defendant committed physical abuse that may harm the physical health and development of children.

Summary of Evidence

1. Legal statement of the witness H;

1. Recording records of G's statement;

1. In the investigation report (hereinafter “victim G 5-year-old video recording”), the Defendant asserted that, upon the request of the victimized child’s mother, the Defendant had the victimized child seated in the next place of the meal hours so that they can drink well, and during this process, the victimized child boomed out and rhing his head when she boomed out or frighted with the victimized child. However, the Defendant did not agree with the victimized child’s birth.

However, according to the evidence duly adopted and examined by this court, the victimized child is found to have been drinking at the latest by the Defendant in the course of the police video recording investigation.

In full view of the fact that the injured child was placed in a tag and made a specific and clear statement, the fact that the victimized child was not likely to make a false statement in the above police video recording investigation process in light of the background of the victimized child’s statement, understanding ability, expression ability, etc., and the victimized child committed a special act, such as punishment, if only the victimized child was the child before his/her parents, etc., it can be sufficiently recognized that the victimized child committed a physical abuse that may harm the health and development of the victimized child by leaving the harming the victimized child’s physical health and development by leaving the harming the victimized child’s injury, and thus, the above argument by the Defendant is not accepted).

Application of Statutes

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