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(영문) 광주지방법원 2017.03.16 2016고단5454
아동복지법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has worked as a child care teacher at the "C Child Care Center in Gwangju Mine-gu."

At around 17:05 on September 19, 2016, the Defendant, by hand, 4:5 times through the victim’s arms, caused damage to the victim’s multiple character, leading the part of his arms or the part of his arms, and boomed with meals, leading the victim who refused to drink for boomed.

As a result, the Defendant committed physical abuse and emotional abuse that may injure the mental health and development of the victim, who is a child.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to E, F, and D;

1. A written diagnosis of injury;

1. The application of each investigation report (as to the attachment of photographs on the upper part of the victimized child, CDs in storage of the child abuse surface, and the attachment of photographs);

1. Article 7 and Article 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses against the relevant crime; Article 71 (1) 2 and Article 17 subparagraph 3 and 5 of the Child Welfare Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (hereinafter “The Criminal Procedure Act”) provides the protection of life and body as the legal interest of the protection of the child’s health and welfare, but the Act on the Protection of Children’s Child Uniforms provides the protection of the child’s health and welfare. In the case of a school offense, the Act on the Protection of Children’s Child Uniforms provides the protection of a person who is protected or supervised. However, the Act on the Protection of Children’s Uniforms provides the protection of only those who are under 18 years of age with high protection value compared to adults because it is necessary for the development of perfect and harmonious personality. Considering such difference, the concept of abuse under the Child Welfare Act should be interpreted more broadly than the concept of abuse

In addition, one victimized child is physically and mentally.

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