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(영문) 서울중앙지방법원 2016.07.22 2016노1294
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)등
Text

The prosecutor's appeal is dismissed.

Reasons

Considering the following circumstances, the summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles), it is difficult to recognize the facts charged by rejecting the evidence submitted by the prosecutor.

This error is wrong.

(1) A victim D (hereinafter referred to as “victimd child”) who sets a shoulder by a defendant at a closed circuit (CCTV) video.

There seems to be a clear aspect.

② At the time of the occurrence of the instant case, the victimized child went to the investigation agency and “here the victimized child was born.”

“...........”

The statement was made without leading newspapers in a free atmosphere.

The horses of victimized children may be trusted.

③ M, a severe child, refused to provide a child care center, etc. since the date of the instant case, and “the child was born.”

Recognizing “assuming”.

“.......”

M may be trusted. The words of M may be trusted.

2. In full view of the reasons for innocence as revealed by the lower court and the following circumstances acknowledged by the evidence examined by the lower court and the appellate court, the sole evidence submitted by the prosecutor alone is insufficient to ensure the conviction of the facts charged.

The lower court’s determination is correct.

1. The instant case is a “C Child Care Center” in Dongjak-gu Seoul Metropolitan Government (hereinafter “C Child Care Center”).

Around May 18, 2015, the president T.D.’s video of the instant child-care center (hereinafter “the instant video”) on the date of the instant case during his/her leave ( May 14, 2015) (hereinafter “instant video”).

After confirming B, the defendant and E, who are child care teachers, were able to have the above children married in the process of giving unreasonable guidance to the victimized children and theO who are children under their jurisdiction.

The issue was raised, and the Dongjak-gu Child-Care Support Center and some parents were informed of the video of this case by presenting the instant video.

T retired on May 21, 2015 from office on the date of the complaint that assault other infant care teachers of the Z, and around that time, the child suffering from the Z is the body of the victimized child.

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