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(영문) 서울동부지방법원 2018.08.22 2017고단1622
아동복지법위반등
Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to establish and operate an alternative school in violation of the Elementary and Secondary Education Act shall obtain authorization from the Superintendent of an Office of Education of the Special Metropolitan City, Metropolitan Cities, Dos, and Special Self-Governing Cities/Dos;

Nevertheless, the Defendant did not obtain the above school establishment authorization, and operated an alternative school for the elementary school course called “D” on the building in Songpa-gu Seoul and the third floor from around September 2013 to January 17, 2017.

2. No person who violates the law of the branch of a child shall commit any physical abuse against a child or injure his/her physical health and development, or commit emotional abuse against a child that may injure his/her mental health and development;

Nevertheless, the defendant is a person operating the above "D";

A. On November 2, 2016, around 15:00, the Defendant committed physical abuse against the victim, as shown in the attached Table No. 1 to 7, on the ground that the victim E was deprived of her high sex and was not able to do so on the vehicle located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, for the reason that the victim E was deprived of her high sex, and the victim was deprived of her drinking at the vehicle, and that he was her left hand, as well as when her bucked with the left hand, committed physical abuse against the victim;

B. On December 2016, 2016, the Defendant committed physical and emotional abuse against the victim, i.e., the victim’s head knife, the victim’s knife the knife with knife with knife with knife and knife with knife with knife with knife, and the victim committed physical and emotional abuse against the victim, i.e., the victim’s head g.

Summary of Evidence

1. Each legal statement of the witness F, G, and H (excluding the part concerning the violation of the Child Uniforms Act);

1. Each statement recorded in each CD video work with respect to E and B;

1. Application of Acts and subordinate statutes to a report on internal investigation (on-site confirmation), investigation report (the current status of D trainees and Internet car page page);

1. Relevant Article of the relevant Act on criminal facts, Article 67(2)1, and Article 4(2) of the Elementary and Secondary Education Act (a point of operating an unregistered alternative school) concerning criminal facts, and each former Child Uniform Act (Act No. 1490, Oct. 24, 2017).

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