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(영문) 의정부지방법원 고양지원 2018.11.09 2017고단3781
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants are the E-(2 years of age) teachers of the D Child Care Center in the Goyang-si Dong-gu Busan Metropolitan City.

1. Defendant A around 12:09 on March 21, 2017, the Defendant: (a) 12:09, left the victim F who was seated in front of the right box in the class E of the above D Child Care Center; and (b) left the ambro, leaving the ambro, leaving the ambro, leaving the ambro so that the victim may sound approximately eight minutes, and (c) No. 1 of the list of crimes in attached Form 1;

4 and 14, such as the statements, the victim F, who is the original child of the child care center, committed emotional abuse that harms the mental health and development.

Accordingly, the defendant has committed child abuse crimes against children under his/her care.

2. Defendant B, around April 3, 2017, around 15:16, 2017, the Defendant committed emotional abuse against the victims of child-care center students on four occasions in total, as indicated in (2) No. 2, 3, 5, and 8 of the List of Crimes (2) No. 2, 3, 5, and 8, including the fact that the victims of child-care center students were bread in the instant class E classes of the said D child-care center and were bread in the victim G’s entrance.

Accordingly, the defendant has committed child abuse crimes against children under his/her care.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The Defendant A and the Defendant’s defense counsel asserted to the effect that the act of the Defendant A and the Defendant’s defense counsel constituted a justifiable act that does not go against the social rules, such as the age of the victimized child and the degree of the tangible force confirmed by CCTV images, etc., in light of the following: (a) each act of the Defendant A, such as the written in the judgment, exceeded the ordinary discipline that may be accompanied by childcare and guidance, or the limit of the exercise of tangible force.

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