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(영문) 광주지방법원 2017.07.06 2016고단3032
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

A defendant shall be punished by imprisonment for six 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.

Reasons

Punishment of the crime

The defendant was a member of the above kindergarten E(F) in Gwangju Mine-gu, and the victim E(F) was a member of the above kindergarten.

On October 19, 2015, the Defendant: (a) around October 19, 2015, the Defendant: (b) caused the victim to sit in front of the Defendant, on the grounds that the victim was flick and flicked in front of the Defendant; and (c) caused the victim to have flickly flicked the victim’s face by using both blicks in hand; and (d) stated in the indictment that “the victim’s flick and head was flicked” was a physical abuse against the victim; (b) however, the Defendant was a flicking act of the victim’s blood.

In the case of CCTV images, it seems that the act in question, which was confirmed at the time, was consistent with the defendant's accusation, and the mother of the victim or the victim did not have any statement or accusation about the partial act, and thus, the part of the facts charged was deleted.

Accordingly, the defendant, as a worker of a child welfare facility, has committed physical abuse of a child's body.

Summary of Evidence

1. Entry of a witness G in the second public trial records, and entry of a witness H in the third public trial records;

1. Each legal statement of a witness I, J and K;

1. Each statement of G and H;

1. Written confirmation of J;

1. The written statements and accompanying documents of the defendant;

1. Photographss and text messages;

1. CCTV video CDs;

1. The summary of the case (No. 22 of the evidence list) and the summary of the case [the above witness’s statement, etc.] is acknowledged as having been conducted under particularly reliable circumstances pursuant to the proviso of Article 313 of the Criminal Procedure Act, since the defendant’s statement contained in the summary of the case was conducted under particularly reliable circumstances pursuant to the proviso of Article 313 of the Criminal Procedure Act, it may be used as evidence regardless of the defendant’s statement to other purport (the same applies to other evidence whose contents are the defendant’

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