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(영문) 창원지방법원 통영지원 2016.05.19 2015고단803
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

From May 7, 2015, the Defendant is a child care teacher working in D Child Care Center located in C at macro-si from around May 7, 2015, and the victim E (V, 2 years of age) is a child who wishes to go to the above child care center from March 2015.

At around 10:40 on July 16, 2015, the Defendant committed emotional abuse that harms the mental health and development of a child by leaving out the body of the victim out of the body and leaving the body in the mixed toilet against the victim's will, on the ground that the victim does not want to another patient within the small team of the above D Child Care Center, with the left part of the victim's left part, and leaving the victim's left part and going back to the toilet, going against the victim's will, and detained about 10 minutes in the middle, thereby doing so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H in each part;

1. Each police statement made to F and G;

1. The defendant and his defense counsel asserted that child-care center CCTVs and CCTV images [the defendant and his defense counsel did not have a good attitude of class, such as marching the friend and sound of the victimized child on the side of the school at the time, and that they did not control the victimized child so that they were mixed with the toilet inside the classroom for the purpose of education, and that they did not have the intention of abuse.

An act under Article 17 subparag. 5 of the Child Uniforms Act refers to an act of emotional abuse or physical force not accompanied by the exercise of physical force, but rather to an act of emotional abuse. “Cmotional abuse causing harm to the mental health and development of a child” includes not only the case where the mental health and normal development of a child is practically impeded, but also the case where the risk or possibility of causing such a result arises. It is sufficient to recognize not only that the purpose or intent of emotional abuse is required for a child, but also that the act is likely to cause harm to the mental health and development of a child by its own act, and it is sufficient to recognize that there is a risk or possibility of hindering the mental health and development of a child (see Supreme Court Decision 201Da1548, Dec. 2, 2015).

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