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Defendant
A shall be acquitted. The sentence on Defendant B shall be suspended.
Reasons
Punishment of the crime
Defendant
B is in charge of E as a member of the D childcare center located in Pyeongtaek-si C.
No one shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development, and shall commit any emotional abuse against a child that may injure his/her mental health and development.
On June 18, 2018, around 09:13, the Defendant committed physical abuse against the victim’s body, or undermining physical health and development of body, on the ground that the class of the D Child Care Center E in Pyeongtaek-si, or the F (3 years of age) of the victimized child was not restricted.
At around 09:14 on the same day, the Defendant continued to engage in emotional abuse that harms the mental health and development of the victimized child by leaving the victimized child into a school room behind the school room in the classroom room (hereinafter referred to as “language rest space”), leaving the school room behind the school room (hereinafter referred to as “victim”) and leaving the school separately from other originals, and neglecting it for more than 50 minutes.
Summary of Evidence
1. Each legal statement about G and H;
1. The prosecutor's office and the police statement concerning G;
1. Determination of the assertion of Defendant B and defense counsel on CCTV video and video image analysis data
1. 주장 피고인 B이 플라스틱 장난감으로 피해아동의 머리부분을 툭 두드린 것은 사실이나 매우 경미한 것이어서 신체적 학대행위라고 볼 수 없다.
Although there was a fact that the child was moving into a language resting space and the child was brought up until the time when the child was blicked, it was an educational method to sit the interest of the child. Since the child was flicking in the language resting space, the child was flicking and observing the speech to the child, so it does not constitute emotional abuse, since the child was not neglected.
2. Determination
A. In this Court, the determination of whether a person constitutes a physical abuse, and the CCTV images as indicated therein, are legitimate.