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(영문) 서울남부지방법원 2019.02.14 2018고단5324
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence against the defendant for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant served as a “C Child Care Teachers,” located in Yangcheon-gu Seoul Metropolitan Government B and the first floor, as a clean sea-based care teacher, and as a clean sea-based care teacher, i.e., “year-year-old teacher, who is two years of age from March 1, 2017 to February 28, 2018.”

On December 19, 2017, the Defendant abused the victims of children, who were children from December 19, 2017 to March 28, 2018, on the ground that the victim D (the 3 years old at that time, male, and the 3 years old), who was children of the brightness, was flickly flicking to the bend floor by taking them into consideration the victim, and as indicated in the attached list of crimes, the Defendant abused the victims, who were children, 15 times in total from December 19, 2017 to March 28, 2018.

As a result, the Defendant committed physical abuse that may injure the body or health and development of the victimized children, and emotional abuse that may injure their mental health and development.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to E by the police;

1. Application of the respective Acts and subordinate statutes of the Investigation Report (Appearance of Victim), F, G, H, I, J, and K;

1. Articles 7 and 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Articles 71 (1) 2 and 17 subparagraph 3 (each physical abuse act) of the Child Welfare Act, Articles 7 and 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Articles 7 and 71 (1) 2 and 17 subparagraph 5 of the Child Welfare Act, and choice of imprisonment, respectively;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. Application of the sentencing guidelines [the range of recommending punishment] general standards of abandonment and abuse shall be limited to the aggravated area (one to two years) (one year and two years) (specially under Article 7 of the Punishment of Child Abuse Crimes Act).

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