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(영문) 서울북부지방법원 2019.01.11 2018고단2097
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

A defendant shall be punished by imprisonment for not less than eight 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 teacher of the C Child Care Center in Seoul Special Metropolitan City, Nowon-gu, and is obligated to report child abuse.

At around 13:10 on October 31, 2017, the Defendant committed emotional abuse that harms the mental health and development of a child 39 times in total by 39 times from December 22, 2017, including: (a) on the ground that the victim E (three years of age) does not grow down; (b) on the ground that the victim E (three years of age) does not grow down, the victim’s body is laid down on this fright; (c) the head is cut off so as not to drive the victim; and (d) the Defendant forced him/her so as not to drive the victim; and (d) from that time, by December 22, 2017, the Defendant committed emotional abuse that harms the mental health and development of the child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A photograph taken by a CCTV image (time zone for a child locked) and a photograph taken by a CCTV image (time zone for children suffering from a damaged child's play);

1. Application of Acts and subordinate statutes to crime sight lists and evidential materials (five CDs in CCTVs at child abuse scenes);

1. Relevant Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes and Selection of Punishment therefor; Article 71 (1) 2 of the Child Welfare Act and subparagraph 5 of Article 17 of the Child Welfare Act ( comprehensively referred to as imprisonment with labor);

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

1. The reason for sentencing under Article 8(1) and (2) of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Child Abuse Crimes is that the defendant still committed the crime of this case against the victimized child who is only three years of age despite having been in a position to protect the victimized child as a child care center teacher even though he/she is in a position to protect the victimized child, and the punishment is determined as ordered by the order, taking into account all of the circumstances where the victimized child’s parents want to be punished strictly against the defendant, but the defendant’s primary offender who has no criminal power, the circumstance and degree of the Defendant’s emotional abuse, and the sentencing conditions

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