(영문) 인천지방법원 2015.6.25.선고 2015고단612 판결

The order of both defendants shall be punished by imprisonment with prison labor for a period of two years, by a fine of 5,00,000, and by a fine of 00 won. When the defendant ○○ does not pay the above fine, the above defendant shall be confined in a workhouse for the period calculated by converting 100,000 won into one day.

Defendant ○○ shall order each other to complete a child abuse treatment program for 120 hours.

To order the defendant ○○ to pay an amount equivalent to the above fine.

Reasons

Facts of crime

1. Defendant 20

From March 2, 2014 to January 12, 2015, the Defendant is a person who works as a network-based infant care teacher from 130 Dolur 80 Dolur Dolur Dolur Dolur Dolur Dolur Dolur Dolur Dolur Dolur Dolur Dolur Dolur Dolur Dol

(a) A crime against the victim EO (a name), the victim's objection, and the victim's head ○○;

On January 8, 2015: around 41, 2015, the Defendant: (a) was working in the classroom of the Child Care Center dedicated to the victim on the ground that the Defendant cannot easily follow this rate; (b) he forced the victim to cut off his mother and her son and son being used, and (c) her son and son and son, who was in use, to sit down on the side of the victim’s left shoulder. The Defendant continued to sit down the victim’s dong at a rate of 4 years; (d) her mother and son used by this ○○○○; (d) her mother and son, who was in use by this ○○○○; (d) her mother and son, who was in use by this ○○; and (d) her mother and son, who forced the victim to sit on the victim’s right side, and (d) her her mother and son, who forced the victim to ○○.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of victims who are children.

(b) A crime against the victim ①

On January 8, 2015, the Defendant: (a) around 49: (b) around 49, on the ground that the classroom of the dedicated child-care center dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the dedicated to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the fright to the f.

As a result, the defendant abused the victim, and at the same time, abused the victim's body or inflicted bodily harm on the victim's health and development.

피고인은 2015. 1. 8. 12 : 49경부터 12 : 59경까지 사이에 위 소망반 교실에서 소망반 아동들인 피해자 김○원 4세 ), 피해자 김□겸 ( 여, 4세 ), 피해자 김△엽 ( 4세 ), 피해자 김지 ( 4세 ), 피해자 박○○ ( 4세 ), 피해자 안○○ ( 4세 ), 피해자 오○환 ( 4세 ), 피해자 오□원 (4세 ), 피해자 미첼○○○ ( 4세 ), 피해자 이①① ( 4세 ), 피해자 이○서 ( 4세 ), 피해자 장○○ (4세 ), 피해자 정○○ ( 4세 ) 으로 하여금 위 제1의 나항과 같이 또래 아동인 에①①이 학대당하는 상황을 목격하게 하였다 .

Accordingly, the defendant committed emotional abuse that harms the mental health and development of victims who are children.

2. Defendant ○○ is the president who is the representative of the above dedicated child care center.

The Defendant was unable to exercise due care and supervision to prevent child abuse in relation to child care affairs of child care centers, such as, at any time, the two ○○, a child care teacher in charge of child care in the middle of normal child care, and the child did not frequently reside in the child care center, despite being aware that the two ○○, who is a child care teacher in charge of child care in the middle of normal child care, did not frequently hold a meeting with the parents and do not reside in the child care

Summary of Evidence

1. Partial statement of Defendant ○○○, Defendant’s legal statement

1. Each legal statement of the witness leap, Kim, Kim, white, yellow, and yellow;

1. Each police statement on the objection, maximum ○, e.g., g., g., knives, knives;

1. A video CD (1) (1) , a video CD (2) , a video CD (1) , a video tape CD (2) 1 , and a video tape CD (2) ;

1. 천, 우, 김○○, 강, 유○, 이, 오○○, 장, 김◁◁, 박○○, 손◇, 이거, 노 강, 의 각 진술서

1. CCTV CDs (on the face of a crime);

1. Determination as to the assertion of the identification number of the dedicated child care center, the defendant 200 and the defense counsel

1. Determination as to the assertion of denial of intention as to the crime No. 1-A

A. Article 2 subparag. 3 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes provides for “child abuse” refers to “child abuse defined in Article 3 subparag. 7 of the Child Welfare Act,” and Article 3 subparag. 7 of the Child Welfare Act provides that “The term “child abuse” refers to doing physical, mental and sexual violence or cruel acts that may harm the health or welfare of a child or impede normal development of a child by adults, including his/her guardian, and abandoning or neglecting the child by his/her protector.”

On the other hand, the crime of abuse under the Criminal Act is interpreted to be limited to the extent that it is not sufficient to simply violate the other party's personality and at least to apply to abandonment (Supreme Court Decision 2000.4. 200).

25. The crime of abuse under the Criminal Act (see Supreme Court Decision 2000Do223, Feb. 23, 200) and the crime of abuse under the Criminal Act are protected by the protection of the child's health and welfare (Article 1 of the Child Welfare Act). On the other hand, it is reasonable to interpret the concept of abuse under the Child Welfare Act more broadly than the concept of abuse under the Criminal Act, since the child's health and welfare are protected by the law (Article 1 of the Child Welfare Act) and only those under the age of 18 are protected by the law (Article 3 subparagraph 1 of the same Act).

In addition, Article 29 of the former Child Welfare Act (amended by Act No. 11002, Aug. 4, 201) provides for "B" as a prohibited act against a child, which causes bodily harm to a child, and separately provides for "A" in subparagraph 3 of the same Article, which provides for "the act of emotional abuse causing harm to the mental health and development of a child". In light of the language and text of each of the above provisions, an act under subparagraph 3 refers to an act of emotional abuse or physical form not accompanied by the exercise of tangible power, but does not reach physical damage (see Supreme Court Decision 201Do6015, Oct. 13, 201).

B. In light of the above provisions and legal principles, it is recognized that the Defendant’s ○○ and the Defendant’s ○○ committed the acts indicated in the first paragraph of the crime. Such acts are the victims who were the victims of the above child-care center (i.e., the victim’s child-care center (i., the victim), and they are excessively harsh in light of the age and development level of 00, and constitute emotional abuse that may harm the mental health and development of the victims. In light of the above, it is reasonable to view that the above Defendant’s child-care center’s position as the teacher of the above Defendant’s child-care center, the background leading up to the said emotional abuse, and the degree of the above abusive act, etc., the Defendant’s ○

2. Determination as to the assertion of absorption as to the crime No. 1-B

A. The term “ordinary concurrence” refers to a case where a single act actually satisfies several constituent elements. The term “one act” refers to a case where a single act appears to meet the constituent elements of several crimes by appearance, or practically constitutes only one crime, and the term “one crime” or “ several crimes” means a case where a single act appears to fall under the constituent elements of several crimes, and the term “one crime” or “one crime” or “legal interests and interests” should be considered and determined

11. Supreme Court Decision 2012Do1895 Decided January 1, 199

B. In light of the aforementioned legal principles, Article 7 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse, and Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act provide that the act of assault committed against a victim shall be punished. The crime of violating the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (child abuse by employees of child welfare facilities, etc.) is a separate crime with different legal interests and interests, and the crime of assault committed against a victim is a separate crime with different legal interests. Since the crime of assault committed against a victim is not considered separately compared to the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (child abuse by employees of child welfare facilities, etc.), it is reasonable to view that the act of assault committed against the victim is in a commercial concurrence relationship without absorption.

3. Determination as to the assertion of child abuse and denial of crime as to the crime No. 1-C.

가. CCTV 영상녹화CD ( 범행장면 ) 재생결과에 의하면, 피해자 에①①을 제외한 피해자 이①① 등 13명3 ) 은 2015. 1. 8. 12 : 50 : 01경 위 소망반 교실 내에서 자유롭게 놀고 있었으나, 같은 날 12 : 50 : 21경 피고인 양○○이 피해자에게 김치를 강제로 먹여 피해자 에①①이 이를 뱉어내려는 순간 피해자 5 ~ 6명이 이를 주시하였고, 같은 날 12 : 51 : 22경 위 피고인이 피해자 에①①의 팔을 거칠게 수회 잡아당기고 계속 피해자 에①①을 다그치자, 같은 날 12 : 52 : 51경 피해자 미첼000을 제외한 피해자 12명이 한쪽에 모여서 바닥에 앉거나 무릎을 꿇거나 서서 계속 그 상황을 보고 있었으며, 같은 날 12 : 53 : 50 경피해자 에①①이 김치를 바닥에 뱉어내자 피고이 양○○이 피해자 에①①의 왼쪽 뺨을 손으로 강하게 1회 가격하였다. 한편, 피해자 미첼000은 같은 날 12 : 53 : 13경까지 위 피고인이 피해자 에①①을 혼내는 것을 간헐적으로 수회 보았고, 이후 위 소망반 교실 내의 낮은 교구장을 사이에 두고 위 피해자 12명과 약간 떨어져 있었던 사실이 인정된

B. In light of the above facts in light of the victims’ age, growth level, and the following circumstances, it is reasonable to view that the Defendant 13 victims committed emotional abuse that may harm the mental health and development of 13 victims by exercising physical force, such as a series of assault and violence, even though the said 13 victims knew that they could have directly observed or recognized the exercise of physical force (i.e., a series of assault and violence) against the victim, and that there was an intentional emotional abuse in performing such act.

① 피해자 미첼000을 제외한 피해자 12명의 경우, 한 곳에 모여 있던 중 피고인양○○의 피해자 에①①에 대한 일련의 폭행 등 유형력 행사를 직접 목격하였고, 피해자 미첼000의 경우, 피해자 에①①에 대한 위 일련의 폭행 등 유형력 행사를 상당 부분 목격하였고, 비록 위 12 : 53 : 50경 폭행 장면을 직접 목격하였는지 여부는 분명하지 않으나 폭행 소리나 피해자들의 반응 등을 통해 적어도 그 당시 상황을 인식할 수 있었다 ( 또한 증인 배◇◇ ( 가천대 길병원 소아청소년정신과 전문의 ) 은 ' 미첼000의 보호자로부터 미첼000이 긴장되는 상황이나 불안하면 엉뚱한 행동을 하거나 딴 짓을 한다 .

The reason why the victim was divorced from other victims at the time was ‘the fact that the victim was able to escape due to other situations because it is difficult to avoid the situation that ① the victim faces, or because it is difficult to check the physiological anxiety and tension.'

② In the event that the Defendant ○○○○ was exercising force, such as the above series of assault, etc., to the victim (i) in the above series of assault, etc. within the above network class, which is a broad space, it could have been known that 13 victims, other than ①, were directly present or at least able to be aware of the situation at the time of the assault, etc. (in particular, the victim (i) was knee and knee and knee and knee and kneel with other relatives, in light of the situation at the time of the assault, etc., the victim (ii) was knee and kne and knee and kne with other relatives.).

③ At around 12:54 on the same day immediately after the victim’s serious assault ① and immediately after the victim’s assault, Defendant 2: (a) saw or entered the marging board to gather the victims; (b) 12:5:02 on the same day, the victim took a face again in the direction of the above victims; and (c) 12:56:17 on the same day, the victims did not take all measures to mitigate the emotional distress; and (d) on the same day, the victims did not take all necessary measures to alleviate the emotional distress.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant Yang ○○○○: Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Articles 71(1)2 and 17 subparag. 5 (a) of the Child Welfare Act; Article 260(1) of the Criminal Act; Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Article 71(1)2 of the Child Welfare Act; Article 71(1)3 (a) of the Child Welfare Act;

B. ○○○○: each of the offenses against the Defendant is set forth in Articles 74, 71(1)2, 17 subparag. 3, and 51 of the Child Welfare Act.

A. Defendant Yang ○○○○: (Punishment of a person who violates the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes under Article 40 and Article 50 (1) of the Criminal Act (Article 40 and Article 50 (Article 1-2 of the Decision) and a person who commits violence, and a person who violates the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Article 1-2 of the Decree on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, etc. among Child Welfare Facilities Employees, etc.) and a person who violates the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes under paragraph (1) of the said Article (Punishment of a person engaged in child welfare facilities, etc.)

(b) Defendant Lee ○○: Articles 40 and 50 of the Criminal Act (a punishment prescribed for a crime of violating the Child Welfare Act between crimes of violation of each subparagraph (c) of Article 1 of the Criminal Act, and a punishment prescribed for a crime of violating the Child Welfare Act (i.e., a

1. Selection of punishment;

In each choice of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (Child Abuse by persons engaged in child welfare facilities

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Defendant ○○: Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

Defendant 20: Article 8(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

1. Order of provisional payment;

Defendant ○○: Reasons for sentencing Article 334(1) of the Criminal Procedure Act

1. Defendant Yang ○○○

가. 이 법원의 전문심리위원 이◁◁ ( 고대구로병원 정신건강의학과 소아청소년분과 전문의 ) 는 피해자들의 특이 행동들에 대하여 아래와 같은 설명 및 의견서를 제출하였다 .

The victim victim ① ① is presumed to be drinking with soil and sand in accordance with the instructions given in a state of drinking, rather than voluntary, rather than by drinking. Such fears can be presumed to be clinically causing stress disorder. Such fears may be deemed to continue to be stimulated with repeated and non-voluntary re-experience of trauma case, or psychological or physiological reactivity may occur when they are exposed to the proviso similar to the trauma case.

A child victim who has been witnessed with violence ① with regard to the victim is presumed to have been knee or kneeeled in the state of drinking, rather than voluntary action. The victim is presumed to have been knee or kneeed. Even if the victim is not a direct victim, if he/she witnessed such damage, he/she may be the victim if he/she was aware that he/she could also be the victim, fear that he/she could have been the victim if he/she had been kneeed, threat of inorganic existence that he/she could not respond to it, damage of trust of a person from abuse from the teacher he/she believed and believed to be the parent, may bring about social problems, and may have a variety of impacts on the decrease in self-esteem, brain development, and decrease in recognition function.

나. 피해자들의 심리치료를 담당한 놀이심리치료사 황◁◁, 우◁◁와 피해자들을 진료한 의사 배승민은 아래와 같이 증언하였다 .

As of May 14, 2015, the victims need at least 6 months or 1 year to bring about a aggressive nature similar to children at an ordinary level (e.g., yellow and e., e., e.g.) in order for the victims to have a aggressive nature similar to children at an ordinary level as of May 14, 2015.

O Diagnosis of "mortic stress disorder" caused by symptoms, such as apprehensions, labor response, increase in negative sentimentss, etc., and require a stable environment creation and treatment approach for at least six months (e.g., passengers);

C. The sentencing investigator of this court made an inquiry inquiry as follows.

O With respect to DD for the victim, victim victim ① ① frequently shouldered at night, late at night, fluencing another son, or fluencing with another son, etc., violent nature such as brush, and seeing the eye of the other son, etc. Along with time to correct the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son.

○ 다른 피해자들에 관하여, 전과 다르게 신경질적이고 소리를 지르고 아이들을 때리는 폭력성이 생겼고, 자다가 악몽을 꾸고 소리를 지르며 깨곤 했는데 꿈에 괴물을 보았다거나 양이 ○ 선생님이 괴롭혔다고 한다 ( 이00의 모 윤00 진술 ). 아이는 어린이집 근처를 지나는 것도 싫어하고 불을 끄면 양○○ 선생님이 생각나 무섭다고 한다 ( 장00의 모 김00 진술 ), 악몽을 꾼 듯 벌떡 일어나 돌아다니며 ‘ 안 갈거야, 안 먹을 거야 ' 라고 횡설수설하기도 하였다 ( 김00의 모 김00 진술 ). 아이가 집에서도 어두운 곳에 괴물이 있다며 엄마 손을 잡고 가려하고 자다가 가위에 눌려 깨면 힘이 센 엄마가 괴물을 물리치는 모습을 보여주어 안심을 시키곤 했다 . ( 김00의 모 이00 진술 ). 아이가 전과 달리 괴물이야기를 하고 밤에 공포를 느끼며 동생에게 폭력적으로 행동하였으며 피고인 양○○이 잡혀갔다고 하니 ‘ 오래 있었으면 좋겠다 ' 고도 하였다 ( 김00의 모 천00 진술 ). 예전엔 아이가 얌전하고 분리불안 증상이 없었는데 사소한 일에 소리를 지르며 과잉반응하고 뜻대로 안되면 길에서 구르기도 하며 자다가도 소리를 지르고 엄마와 안 떨어지려고 한다 ( 김00의 모 노00 진술 ), 전과 달리 부모와도 눈을 안 마주치고 넘어지면 울었던 아이가 울지도 않고 어른 눈치를 보고 화장실도 자주 가는 것이 불안해 보였다 .

In addition, the Magmon was tending the Magmon, and the news of Defendant Yang ○○ was generated, and he did not do so, and he was luged in the lug, but he said that he was luged in the lug, and he said that he was luged (O's 00 statement).

It is thought that I am hynasium, 00 am hynasium and violence occurred (O0 am hynasium 00 am hynasium hynasium hynasium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium hysium l. hysium hysium hysium hysium hys).

D. As seen above, the expert opinion, testimony and inquiry inquiry report as follows:

In other words, each crime of the judgment is a serious crime that causes the loss of parents and society' trust in relation to infant care teachers, the degree of child abuse against victims is considerably heavy, and the victims do not reach an agreement with the victims, although there are no records of the same crime, and the above defendants' age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc. are considered.

2. The head of ○○ Child Care Center, as the head of the Defendant’s ○○○○○○○○○○○○○○○○○○○○○○○, negligent in giving due attention and supervision over his duties, resulting in serious crimes against the original students, absence of criminal records, recognition of and reflects on the crime, the above Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, etc.

Judges

Judges Nos. 300

Note tin

1) In the indictment, “this is the same person” in No. 41 of the Evidence List (Evidence Documents, etc.) No. 41 of this revenue source (Evidence Documents, etc.).

The term "names" shall be written.

2) The defendant Yang ○○ and the defense counsel did not direct 13 victims (i.e., victims (i., victims) to keep the victim at face of violence ①, and the said 13 persons.

이 전부 목격한 것도 아니며, 특히 피해자 미첼000은 위 폭행 장면을 목격하지 않았다고 주장한다 .

3) On January 8, 2015, 14 of the total number of 16 members of the so-called So-called So-called So-called "Woos" were present.

참조조문

-아동학대범죄의 처벌 등에 관한 특례법 제2조 제3호