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(영문) 수원지방법원 안산지원 2016.01.12 2015고단1143
아동복지법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of three million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is an infant care teacher of E Child Care Center in the Gu of Ansan-si, Ansan-si, and the defendant B is the president of the above child care center.

1. On November 5, 2013, the Defendant: (a) 10:19, on the ground that the Defendant does not follow the Defendant’s control of the victimized child H ( South and North years of age) within the E Child Care Center F in Ansan-gu, Ansan-si; (b) laid down both shoulders; (c) laid down her part and her amb with the floor; (d) laid down his her ambly, etc. on two occasions; (c) her son, etc.; (d) her body was pushed down by the door, which is a CCTV blind zone; and (d) her body was pushed up in front, rear, rear, and rear, provokinged with the victimized child; and (e) her face part was abused by assaulting the victimized child in a way such as her hand, thereby impairing the child’s body or undermining physical health and development of the body.

2. The Defendant, at the same time and place as described in paragraph (1) B, and at the same time and place, A, an employee of the Defendant, committed a violation of the Child Reinstatement Act as described in paragraph (1) above with respect to the Defendant’s duties.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A witness I and each legal statement of A (defendant B)

1. Statement made by the police to J, I, and K (net 27);

1. Each written statement (6 to 11 each time);

1. Data of CCTV editing photographs, CCTV images (netly 13), a certificate of authorization for nursery facilities, and a certificate of identification number (Defendant B has been given due attention and supervision to prevent the physical abuse of children;

However, in full view of the following facts: (a) at the time of the instant case, CCTV blind spots were located in the instant childcare center; (b) other nursery teachers did not take any particular measure except simple caution despite having discussed the issue of Defendant A’s abusive acts even before the instant case; (c) the Defendant was given due care to prevent other nursery teachers from being informed of the instant case after the instant case occurred; and (d) the Defendant did not seem to have actually provided child abuse prevention education to childcare teachers.

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