A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who works as a child care teacher for the day of the school located in Geum-gu Busan Metropolitan City D.

On October 24, 2017, around 10:54, the Defendant committed physical abuse that may harm the physical health and development of the victim’s body, including the victim E (5 years)’s face, on the ground that the victims E (5 years) was late and did not well participate in the class of activity, over 18 occasions in total from around that time to November 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written protocol concerning the examination of the prosecution and the police against the accused;

1. Statement made to F or G by the police;

1. Stenographic records;

1. Photographs;

1. Investigation report (investigation accompanied by documents, such as a certificate of authorization for child care centers and a suspect's child care teacher certificate);

1. Application of Acts and subordinate statutes to investigation reports (as to the reproduction and analysis ofCCTV images);

1. Relevant legal provisions and Articles 7 and 10 (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses against the Crime, and Articles 71 (1) 2 and 17 subparagraph 3 of the Child Welfare Act (selected to imprisonment with labor);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 8(1) and (2) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes committed against a child under order to complete a program is an act that infringes on the physical mental health of a child with psychological and physical development, and thus, may have a fatal effect on the growth and development of the victimized child in the future, and the potential risk is significant. The defendant committed each of the crimes of this case against the victimized child who is only five years of age, even though he/she is in a position to protect the victimized child as a child care teacher, by committing physical and emotional abuse against the victimized child who is only five years of age.

On the other hand, the defendant is the Road Traffic Act due to drinking.