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(영문) 의정부지방법원 2020.08.10 2019고단4846
아동복지법위반(아동학대)
Text

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

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

Reasons

Punishment of the crime

The defendant is a child care staff member of B childcare center, and is a child victim C (3 years old), D (3 years old), E (3 years old), and F (3 years old) G (3 years old).

On June 17, 2019, the Defendant: (a) committed assault against a child victim D at the first half of the B Child Care Center located in Yangju-si by making it clear to see the child victim D two times; and (b) committed physical abuse that may harm the child’s body or injure the health and development of the body by assaulting the child at least 16 times on July 9, 2019, as shown in the attached crime list, and committed emotional abuse that may injure the child’s mental health and development.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. A report on internal investigation by each police statement of the J, K, L, M, and N (cases related to the analysis ofCCTV) the CCTV image data of the child care center (USB);

1. A photo of the damaged Myeon;

1. Application of Acts and subordinate statutes governing infant care teachers;

1. Article 71 (1) 2, Article 17 subparagraph 3 (a) of the Child Welfare Act, Article 71 (1) 2, and Article 17 subparagraph 5 (a) of the Child Welfare Act, respectively, concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 29-3(1) of the Child Welfare Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (the crime of this case shall be determined as ordering the employment restriction period of the defendant, considering various circumstances such as the defendant's age, occupation, environment, social ties relationship, change of status, the degree of disadvantage and expected side effects of the defendant's suffering due to the employment restriction order, the preventive effect of the child abuse-related crime that can be achieved by the employment restriction order, and the effect of protecting the victim, such as children from the child abuse-related crime) of the Child Welfare Act (the crime of this case shall

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