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(영문) 대구지방법원 2017.09.22 2017고단3920
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are working as infant care teachers in charge of spawlings in Daegu North-gu D Infant Care Center C.

1. As between January 31, 2017 and around 10:10:10:10:15 on January 31, 2017, Defendant A, as well as Defendant A, at the same time, her hand f head part of F, such as Defendant E, whose head is the victimized child E, on the ground that he/she is friendly with the victimized child, in the above D’s new growing tree group, in the victimized child E (age 2) and the victimized child F (age 2).

2. From 15:00 to 15:00:31 Between around 22:28 to 15:00:31, the victimized child was at the time of the head of the victimized child or committed an act of noting the victimized child by hand over 37 times in total, such as the daily list of crimes (1).

As a result, the defendant, as a private childcare center teacher, has committed physical abuse against a child's body or a child's physical health and development.

2. Defendant B around February 3, 2017: (a) around 11:53:51 on February 3, 2017, on the ground that the victimized child E (here two years of age) was not waiting to sit at the window without waiting to sit up, Defendant B’s hand alone, including one time the left shoulder part of the victimized child’s left shoulder, from that time.

2. From 10:04 up to 10:14 up to 10:15:07 up to 10:07, an act of making a victimized child at hand over a total of 10 times, such as a list of crimes (2) a total of 10 times, such as a list of crimes, or allowing the victimized child to enter under the book and thereby preventing him from leaving under the book.

As a result, the Defendant, as a private childcare staff member, committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child, or committed emotional abuse that may injure the mental health and development of the child.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Police seizure records;

1. CCTV images of each child-care center;

1. Application of the photographic Acts and subordinate statutes to each of the Defendants’ closures related to crimes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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