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(영문) 대전지방법원 천안지원 2020.01.08 2019고단2574
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

A defendant shall be punished by imprisonment for one year.

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 person who served as a DNA (three years of age) infant care teacher at the “C Child Care Center” located in Seoan-gu, Seoan-gu, Seoan-si from December 3, 2018 to April 19, 2019.

At around 10:40 on March 6, 2019, the Defendant: (a) committed emotional abusive acts that harm the mental health and development of children by setting up about 40 minutes at the above child care center on the ground that the victim E (year 4), F (year 4), and G (year 3), and (b) committed emotional abusive acts or emotional abusive acts over 60 times from around that time to April 15, 2019, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. Each statement of P, Q, R, S, T, U,V, and W;

1. Data for analysis of CCTV images of a C childcare center;

1. Application of Acts and subordinate statutes to a CCTV image closure photograph;

1. Article 7 and Article 10(2)12 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (Amended by Act No. 16248, Jan. 15, 2019); Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act (Amended by Act No. 14925, Oct. 24, 2017; hereinafter the same shall apply); Articles 7 and 10(2)12 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes (Amended by Act No. 16248, Jan. 15, 2019; hereinafter the same shall apply); Article 71(1)2 and Article 71(1)2 of the Child Welfare Act (Amended by Act No. 14925, Oct. 24, 2017; hereinafter the same shall apply); Article 71(1)5 of the Act on the Punishment, etc. of Child Abuse.

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

1. The defendant's reasons for sentencing of 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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