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(영문) 서울동부지방법원 2020.10.27 2020고단2333
아동복지법위반(아동학대)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant was a child care provider belonging to the Healthy Family Support Center in Seoul, and from April 1, 2020 to the residence of a child victim D (ma, December 2019) located in Seoul, the Defendant provided care services, such as raising the child.

On April 28, 2020, at around 14:48, 2020, the Defendant: (a) sent the victimized child to the Defendant’s shoulder on the ground that the victimized child was fluent, and (b) was aground at the Defendant’s shoulder; (c) 4 times the inside of the son’s bucket; (d) the victimized child was defective on the chest side of the Defendant’s chest; and (d) the her face was sucked behind the head of the son, as the head of the son was sucked, the Defendant laid the son’s face to the victimized child, such as treating fuckbucks.

As a result, the defendant committed physical abuse against a child that may injure the child's body or injure the physical health and development of the child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Child damage photographs;

1. Images of CCTV video CDs and CCTV screen images taken;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 71 (1) 2 of the Child Welfare Act and subparagraph 3 of Article 17 of the Child Welfare Act, the selection of punishment for an offense, the selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In light of all the circumstances such as the Defendant’s age, occupation, family environment, social relationship, risk of recidivism, and anticipated side effects, etc., the Defendant’s disadvantage due to the employment restriction order is considered as having no means to punish the Defendant, and the present is not related to the childcare, and the completion of the child abuse treatment program is likely to have an effect to prevent recidivism to a certain extent.

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