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(영문) 의정부지방법원 2018.12.27 2018고단1982
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a child care teacher of the D Child Care Center in Sincheon-si C.

On August 2, 2017, at around 17:40 on August 2, 2017, the Defendant sited up the F (T) of the victimized child F (T) on a knife knife at two hand, and then took the knife of the victimized child on one hand.

In addition, from that time until August 16, 2017, the Defendant committed physical abuse that may harm the physical health and development of the victims who are children at least eight times, such as the list of crimes in the attached list of crimes, and committed emotional abuse that may harm the mental health and development of victims who are children at least three times.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to G, H, I, J, and K;

1. Reports on internal investigation (referring to on-site mobilization of child-care centers and interviews with related persons);

1. Reports on internal investigation (cases concerning the attachment of the table for handling reported cases in 112);

1. Photographs suspected of child abuse on August 16, 2017;

1. Non-fluoral photographs of violence against Lane of victimized children;

1. An injury diagnosis certificate (L);

1. Application of Acts and subordinate statutes concerning criminal facts;

1. Relevant Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses, Articles 71 (1) 2 and 17 subparagraph 3 (physical abuse) of the Child Welfare Act, Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses, Article 71 (1) 2 and Article 17 of the Child Welfare Act, Article 71 (1) 5 of the Child Welfare Act, Articles 17 subparagraph 5 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse, and Selection of Imprisonment, respectively;

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. Reasons for sentencing under Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses by Order to Attend Courses;

1. From one month to 11 year and three months of imprisonment with prison labor within the applicable sentencing range by law;

2. The scope of the recommended punishment on the sentencing guidelines [the type of determination] shall be limited to the scope of the recommended punishment [the person subject to special sentencing], and the general criteria for abandonment and abuse [the person subject to special sentencing] types 2 (the person subject to special sentencing]. Where a person intentionally commits a crime in an incomplete manner: Aggravating factors: A special case on the punishment, etc. of child abuse crimes.

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