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(영문) 울산지방법원 2017.10.26 2017고단2644
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant provided after-school care to the head of the “F” center, which is a child welfare facility under the Child Uniforms Act, in Ulsan-gu, Ulsan-gu, and the elementary school students provided after-school care.

On March 2017, the Defendant committed sexual abuse, such as sexual harassment, which causes a sense of sexual shame to the victim, at the office of the child center in the above region, at the latest, by stating that the victim G (nick, 9 years of age) was broken, and skis, and sexual harassment, etc. that causes a sense of sexual humiliation to the victim, and committed physical, mental, and sexual abuse against four victimized children more than five times in total, as shown in the list of crimes in the attached crime, from around that time to early 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A summary of the case of the specialized child protection agency in Ulsan;

1. Application of Acts and subordinate statutes governing stenographic records of I, J, K, L, and M;

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

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of a workhouse is that the head of a local center for the disabled child or the children of the non-party class, who cares for the children requiring more special protection, committed an act extremely inappropriate for the personal and emotional development of the victimized children.

However, rather than having the intention of active abuse, the defendant seems to have become the cause of crime in short of knowledge and expertise in child care, and the degree of abuse is strong.

It is difficult to see it.

In addition, the possibility of recidivism seems to be low because the defendant has given up his/her work in child care-related occupation and has been preparing study to Esrael for his/her believers.

The defendant himself has been able to commit the crime in this court, and it is against this law.

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