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(영문) 인천지방법원 2017.08.17 2017고단2400
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 2015 to March 2016, the Defendant is a person who served as infant care teachers at E-care centers located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and a person who has not reported child abuse.

On March 3, 2016, the Defendant reported audio-visual data to the victim child F (5 years) who was frighted up to the 3th bad love of the above E-child care center, on the ground that the Defendant reported the audio-visual data to the f (5 years) of the victim child F (5 years) on the fright on the fright book, again put the victimized child on the fright book, and made the victimized child face the body of the victimized child frighted on the fright book, putting the body of the victimized child fright up to the fright book, putting the head of the victimized child frighted on his/her face, putting him/her down on the fright book, putting him/her into the right side, and putting him/her down the body of the victimized child frighted on his/her face, and frighting him/her into the right side, such as the list of crimes from around the above day to March 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. An investigation report (Preparation of a list of crimes and a report accompanied by video CDs related to child abuse);

1. Opinion of video materials of child-care centers;

1. Application of statutes in the form of child care centers;

1. Articles 7 and 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses committed against the relevant criminal facts, Article 71 (1) 2 and Article 17 subparagraph 5 (a) of the Child Welfare Act and Article 260 (1) of the respective Criminal Act (a point of violence) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Articles 8(1) and 8(2) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses Committed to Order (the scope of recommendations) [the scope of recommendations]] and the general criteria for the reduction area (two months-one year-one year-one year)].

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