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(영문) 서울중앙지방법원 2015.12.10 2015고단6429
아동복지법위반(아동학대)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who served as a child care teacher of the E-care center in Gangnam-gu Seoul Metropolitan Government from April 2013 to June 15, 2015.

On March 27, 2015, between 11:30-12:00 and 11:00, the Defendant: (a) placed the victim F (FF (FF) in the said child care center, to avoid drinking back; (b) carried the victim’s necked the victim’s necked on the wall of the defect; (c) checked the victim’s necked the victim’s body by hand; and (d) confirmed that the victim’s necked the victim’s neck, carried the victim’s neck, was able to wear the damaged child by hand; and (c) committed emotional abuse that forcibly causes physical harm to the child’s health and development of the child’s body, or that harms the mental health and development of the child.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Application of the Acts and subordinate statutes governing CCTV video recording products CDs;

1. Article 7 or 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse, Article 71 (1) 2 and subparagraphs 3 and 5 of Article 17 of the Child Welfare Act concerning criminal facts;

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 for the Detention in Labor House (the crime of abuse under the Criminal Act refers to the life and body being protected by the law, but the Child Welfare Act refers to the health and welfare of the child as its protected interest. In the case of the crime of abuse under the Criminal Act, the child welfare act is protected by the person under protection or supervision. However, in the case of the crime of abuse under the Child Welfare Act, there is a need for social protection for the development of full and harmonious personality, and therefore, a person under 18 years of age who is worth protection compared to adults (the child is protected only. Considering these differences, the concept of abuse under the Child Welfare Act should

In addition, considering that the victimized child was an infant with physical and mental growth.

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