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(영문) 서울북부지방법원 2018.08.23 2018고단569
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is the E-Happiness Infant Care Center located in Jung-gu Seoul Metropolitan Government D apartment, and the victim F(2) is the first child.

1. On December 1, 2017, around 15:09, the Defendant committed a crime, on December 1, 2017, and around 15:09 around December 1, 2017, the Defendant got through the victim on the ground that the instant child-care center happiness does not cause the victim to sleep down within the happiness of the said child-care center, and opened the body of the victim several times, so that the victim’s body may grow up with his/her arms and clothes on the part of the victim.

As a result, the defendant committed physical abuse that may harm the physical health and development of the victim, who is a child who is protected by the defendant as a child instead of children.

2. On December 5, 2017, the Defendant committed the crime around 11:37, 2017, and around December 5, 2017, the Defendant moved the victim’s arms to the place where the Defendant was seated, following the Defendant’s cutting down the victim’s arms to the place where the Defendant was seated, and moved the victim’s arms to the place where the Defendant was seated.

As a result, the defendant committed a physical abuse that damages the body of a child who is protected by the defendant as a child in lieu of child education, or harms physical health and development.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to G and H;

1. A photograph of damaged part of the victim;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and Articles 7 and 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses, Articles 71 (1) 2 and 17 subparagraph 3 of the Child Welfare Act, the selection of imprisonment with labor, etc. for a crime;

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

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