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(영문) 대구지방법원 서부지원 2019.07.10 2019고단128
아동학대범죄의처벌등에관한특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a child care teacher E of a child care center in Daegu-gu B apartment C, and the child victim F(2) is a child of E.

1. On November 20, 2018, at around 13:29, the Defendant rendered three times the head of the victimized child to the right drinking on the ground that the victimized child does not sleep at the low diving time in the above child care center E.

2. On December 5, 2018, at the same place as in the preceding paragraph, the Defendant 12:52, on the same ground, with the nose of the victimized child on one occasion, set up the upper right hand of the victimized child on two occasions, set up the upper right shoulder of the victimized child on two occasions, and extracted the head scar of the victimized child on the right hand.

3. At around 13:43 on December 5, 2018, the Defendant landed the head of a victimized child on the right drinking on the ground that the victimized child did not return to the right shoulder or scheme at the same place as the preceding 1. Paragraph (1).

Accordingly, the defendant committed a physical abuse that may injure the body of a child victim or harm the health and development of the body, and at the same time assaulted the child victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of investigation reports (Attachment of photographs to damaged children), investigation reports (Attachment of CCTV images taken by a suspect at the scene of his/her crime) (Attachment of a photograph of a CCTV image taken by the suspect), and investigation reports (verification of CCTV images from October 12, 2018 to November 23, 2018)-related Acts and subordinate statutes;

1. Articles 7 and 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse, Article 71 (1) 2 and subparagraph 3 of Article 17 of the Child Welfare Act and Article 260 (1) of the Criminal Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the sentencing of Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes: The defendant is a child care teacher who has obligation to report child abuse.

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