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(영문) 부산지방법원 동부지원 2016.05.25 2015고단2563
아동복지법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant’s status is child care teachers and staff who directed and supervised children from March 2015 to October 10, 2015 as the “E kindergarten” Da located in Suwon-gu Busan Metropolitan City from around March 10, 2015.

2. On September 23, 2015, the Defendant committed mental abuse by neglecting the victim’s child F(n, 4 years old) on the ground that the victimized child F(n, 4 years old), compared to other children, did not have a meal, such as drinking boomed at the victim’s meal table, on the ground that he did not have a food, such as drinking at a late stage, compared to other children, at around 12:00.

From October 7, 2015 to October 12:45, 2015, the Defendant engaged in abuse against the victim at least nine times in total, such as the list of offenses in the attached Table.

Accordingly, the defendant committed a child abuse crime against a child who is without reporting a child abuse and who is detrimental to the physical health and development of the child, and a emotional abuse that harms the mental health and development of the child, and who is protected by the duty to report, by committing a child abuse crime.

Summary of Evidence

1. Partial statement of the defendant;

1. G statements;

1. Video-recording CDs;

1. A criminal investigation report (the application of statutes to the storage ofCCTV images as to this CDs);

1. Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses against the relevant crime; Article 71 (1) 2, and Article 17 subparagraph 3 and 5 of the Child Welfare Act;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [public prosecutor's opinion] Imprisonment with one year and six months (decision of sentence] imprisonment with prison labor for six months, two years suspended execution, community service work hours disadvantageous to the defendant: The defendant is a kindergarten that protects victimized children. The defendant is a kindergarten that is a teacher in charge of protecting victimized children, such as having a victimized child sit at a suppression place, having a boomed with a boomed child, or having a boomed with another child in a mixed manner by separating it from other children.

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