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(영문) 대구지방법원 안동지원 2016.12.09 2016고단727
아동복지법위반(상습아동학대)
Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

[Defendant B] The defendant shall be punished by a fine of KRW 15 million.

Reasons

Punishment of the crime

Defendant

A is a person who works for the head of the F Child Care Center (3 years of age) in the "F Child Care Center", which is an infant and child childcare facility in Ansan-si, and the defendant B is the head who operates the aforesaid "F Child Care Center".

1. No defendant A shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development;

Nevertheless, at around 10:15 on July 8, 2016, the Defendant physically abused the victimized children physically from September 7, 2016, as shown in the annexed sheet of crime, from that time, on 75 occasions at a total of 75 occasions, such as where the victimized children, etc., who are children at the F Child Care Center classroom (the age of 4) have been prone to take a portable toilet, without any special reason, due to the following: (a) having committed physical abuse that may harm the physical health and development of the child; (b) having kneeing the victimized children, etc., one time at hand; and (c) having knee, without any special reason.

2. Defendant A, an employee of Defendant B, committed an act in violation of the Child Welfare Act as described in paragraph (1) with respect to the Defendant’s business, and the Defendant was negligent in giving due attention and supervision to prevent the Defendant’s employee from violating the Child Welfare Act from July 8, 2016 to September 7, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, I, J, K, L, M, and N;

1. A written statement of theO, P, H, Q, R, T, U,V, W, M, X,Y, and Z;

1. Stenographic records;

1. Each investigation report, accompanying documents, certificate of report on nursery facilities, and each photograph;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods of each crime and the frequency of crimes in the judgment [Defendant A];

1. Article 72 and Article 71 (1) 2 of the Child Welfare Act and subparagraph 3 of Article 17 of the same Act concerning facts constituting an offense;

1. Selection of sentence of imprisonment with prison labor [Defendant B];

1. The main sentence of Article 74 of the Child Welfare Act, Article 71 (1) 2 of the Child Welfare Act, and subparagraph 3 of Article 17 of the same Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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