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(영문) 서울서부지방법원 2018.05.03 2017노1564
아동복지법위반
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine does not constitute a child abuse as prescribed by the Child Uniforms Act, the lower court found the Defendant guilty of the facts charged in this case by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The lower court’s sentence against the Defendant for the wrongful argument of sentencing (an amount of five million won) is too unreasonable.

2. The summary of the facts charged is the child care teacher of Eunpyeong-gu Seoul Metropolitan Government H Apartment 102 Dong 103 (hereinafter “I Child Care Center”).

A. On November 15, 2016, around 10:55, the Defendant, at around 10:55 on November 15, 2016, left the victim’s bridge attached to the victim’s bridge.

B. At around 11:03 on December 14, 2016, the Defendant: (a) obstructed the Defendant from taking photographs of the victim’s reading surface by putting the victim’s M on a lush, and (b) obstructed the Defendant from taking photographs of other children’s reading surface; (c) led the victim’s body by hand, led the victim’s body, divided the victim’s name, bridge, etc. into the right bridge, and prevented the victim from leaving.

(c)

On December 14, 2016, the Defendant, at around 14:26, 14:26, 2016, brought the victim’s clothes into the victim’s knife with his knife with his knife, and knife his knife with his two knife with his two knife.

As such, the Defendant committed emotional abuse that harms the mental health and development of children respectively.

3. The lower court’s judgment: (a) a child is subject to protection and support so that he/she can grow up happy and healthy; and (b) infant care for infants should be provided with priority consideration to the interests of infants (Article 3(1) of the Infant Care Act); and (c) infant care teachers and staff members have physical pain or loud verbal abuse against infants in infant care.

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