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(영문) 대구지방법원 2018.10.02 2018고단2313
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is a person who served as a fixed-term teacher at a kindergarten as an annex to H elementary school located in Daegu Northern-gu G.

On March 20, 2018, the Defendant: (a) around 13:51 on March 20, 2018, on the ground that the son of the said kindergarten was not seated in the victim I (three years) in the class, and that he was not seated and returned to the same place during the class, and the victim was able to get the victim to go beyond the future, and the victim was faced with the math of the school.

Accordingly, the defendant assaulted the victim, thereby resulting in the victim's open wound and eye around the number of days of treatment.

2. Determination

A. We examine whether the defendant committed a crime of child abuse, resulting in the assault or bodily injury as stipulated in Article 262 of the Criminal Act.

B. The burden of proving the facts charged in a criminal trial shall be borne by the prosecutor, and the conviction shall be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt that the facts charged are true.

In order to establish the crime of assault, there should be intention with respect to perception and intention that exercises force on the body of others.

In other words, if the defendant intentionally exercises a tangible force on the body of the victimized child and the victimized child suffers a bodily injury, this part of the facts charged can be found guilty.

(c)

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the evidence submitted by the prosecution alone, which alone led to the Defendant’s intentional act of assault.

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

1) At the time of the instant case, the Defendant said that he would sit to the effect that he would sit and she would sit the children, and the victimized child was sicked and dried up part of the children, and the victimized child was moving to his hand without knowing it.

substantial number of persons;

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