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(영문) 서울북부지방법원 2019.08.21 2017고단5710
아동복지법위반(아동학대)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a sports teacher at B elementary school, and the victim is a student at B elementary school.

피고인은 2017. 4. 13. 11:40경 서울 중랑구 C에 있는 B초등학교 강당 앞에서, 피해자가 수업시간에 혼자서 스트레칭을 한다는 이유로 다가가 손으로 피해자의 어깨를 누르며 “개새끼야”라고 욕설을 하고 피해자의 멱살을 잡고 밀어 넘어뜨렸으며 슬리퍼 신은 발로 피해자의 옆구리를 툭툭 찼다.

As a result, the Defendant committed physical abuse, which may injure the body of a child, or injure the physical health and development of a child, and emotional abuse which may injure the mental health and development of a child.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The entry of witnesses D and E in the third protocol of the trial, and the statement of witnesses F in the sixth protocol of the trial;

1. Application of Acts and subordinate statutes to report on investigation (the confirmation of the complainant’s USB);

1. Article 71(1)2 and Article 17 subparag. 3 of the former Child Welfare Act (Amended by Act No. 14925, Oct. 24, 2017); Article 71(1)2 and Article 17 subparag. 5 of the former Child Welfare Act (Amended by Act No. 14925, Oct. 24, 2017);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 8 (1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. The age, occupation, and environment of the defendant, social ties, nursing, side effects and anticipated side effects of the defendant's disadvantage due to the employment restriction order, prevention of child abuse-related crimes that can be achieved by the employment restriction order, and children, etc. from child abuse-related crimes under Article 2(1) of the Addenda to the Child Welfare Act (Act No. 1589, Dec. 11, 2018); Article 29-3(1) of the Child Welfare Act (excluding subparagraph 23).

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