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(영문) 울산지방법원 2019.02.28 2018고단3175
아동복지법위반(아동학대)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2017 to June 19, 2018, the Defendant served as a nursery teacher at C Child Care Center located in Ulsandong-gu B, Ulsan-gu, and from March 2018, the Defendant was in charge of victim E (n, 2 years of age), F (n, 2 years of age), and 1 years of age.

1. On April 10, 2018, around 11:50 on April 10, 2018, the Defendant: (a) transferred the victim’s hand to another child and toy; (b) transferred the victim’s hand; (c) 11:53; and (d) 11:53.

2. On April 23, 2018, the Defendant sent the victim at the above D level on the 12:47th day of April 2018, 2018, the victim F was sent back to the victim by lying the victim on the spot of another child at a low locking time, and the victim’s face was completely covered by the victim’s face.

3. On April 25, 2018, around 12:17, the Defendant: (a) pushed the victim F to the victim F, on the ground that the Defendant was followed by the victim F, but did not comply therewith; (b) pushed the victim in his/her hand; and (c) pushed the victim to the left side of the vehicle.

4. On April 26, 2018, the Defendant: (a) around 12:52, on the ground that the victim F was flick and flicked; (b) on the ground that the victim F was flick, the Defendant was unable to use the victim’s face by force 21 times, and cover the victim’s body due to low diving.

5. On April 30, 2018, the Defendant: (a) around 12:40 on April 30, 2018, the victim F was not a low diving; (b) covered the victim’s face; and (c) prevented the victim’s body from covering the lower diving on the floor.

Accordingly, the defendant committed a physical abuse that may harm the physical health and development of victims five times in total.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer against the defendant or G;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification and CD attachment);

1. Article 71(1)2 of the Child Welfare Act and Article 17 subparag. 3 of the same Act concerning facts constituting an offense.

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