A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

The Defendant, from August 1, 2014 to November 7, 2014, was engaged in “D Child Care Center”, which is a child welfare facility located in Bupyeong-gu Incheon Metropolitan City, Incheon, as “D Child Care Center,” to which the child victim E (n), age 1, etc. belongs, is the guardian for the child.

1. 피고인은 2014. 8. 말경 위 어린이집 해달반 교실 문 앞에서, 피해아동이 놀이를 스스로 하겠다며 고집을 피운다는 이유로 양손으로 피해아동의 머리를 잡고 앞으로 3, 4회 내리찧어 피해아동의 이마가 바닥에 부딪히게 하여 피해아동을 폭행함과 동시에 정서적 학대행위를 하였다.

2. 피고인은 1항의 일시로부터 2, 3일이 지난 후 위 어린이집 해달반 교실 사물함 앞에서, 피해아동이 칭얼거린다는 이유로 양손으로 피해아동의 머리를 잡고 뒤로 3, 4회 내리찧어 피해아동의 뒤통수가 바닥에 부딪히게 하여 피해아동을 폭행함과 동시에 정서적 학대행위를 하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. According to the evidence duly admitted and examined by this court, the defendant and his defense counsel in the police statement of G and H alleged that the defendant had no victim's head faced with the floor. However, according to the evidence duly admitted and examined by this court, the defendant: (i) was working at the above D childcare center from August 1, 2014 to November 7, 201; (ii) the defendant provided three young children including the victim; and (iii) the defendant provided three young children from the same half of the defendant to the investigation agency around August 2, 2014 to the above court, the defendant consistently stated and testified that "the defendant had the head of each victim faced with three to four floors; and (iv) the police officer, who is the child care center, was working at the police station, with the victim's child care, and the defendant was walking at the toilet."