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(영문) 서울남부지방법원 2015.07.15 2015고단1538
아동복지법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to provide private extracurricular lessons in violation of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons shall report his/her personal information, subject, place, and tuition fees to the superintendent of the competent office of education having jurisdiction over his/her domicile, but the Defendant did not report his/her personal information to the superintendent of the competent office of education, and the Defendant installed facilities for private teaching at the Seoul Yangcheon-gu C Apartment 202 dwelling from the springing date to January 201, and received tuition fees for 150,000 won per person for each elementary school student, and conducted extracurricular lessons related to elementary school subjects.

2. On January 6, 2015, the Defendant violated the Child Welfare Act: (a) around 14:00, on the pretext that D (the age nine) who is a victimized person, actually protected by the Defendant in the above residence, did not enter the public book room; (b) was reported by another student; and (c) while another student reported, the Defendant continued to suffer a sense of shameing the victimized person’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

As a result, the Defendant committed physical abuse that causes damage to the body of a child, and at the same time committed emotional abuse that harms the mental health and development of a child.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Child victim photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 71 (1) 2, Article 17 subparagraph 3 (a) of the Child Welfare Act (a point of physical abuse against a child), Article 71 (1) 2, and Article 17 subparagraph 5 (a) of the Child Welfare Act (a point of emotional abuse against a child), Article 22 (1) 4, and Article 14-2 (1) of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (a point of non-reported extracurricular lessons);

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

1. Selection of each alternative fine for punishment;

1. Aggravation for concurrent crimes;

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