logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2015.07.01 2014고단2098
아동복지법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2013, the Defendant has been working as a young class teacher at E kindergarten (seven years of age) in female time D from around March 2013.

On June 2, 2014, at around 14:13, the Defendant: (a) committed an act that harms the mental health and development of the victim by hand on the ground that the victim F (six years of age) who is the original son did not unfix teaching materials and has a dispute with other son; (b) the Defendant’s back part of the victim’s head was divided; and (c) the Defendant committed an act that harms the mental health and development of the victim.

In addition, from June 2, 2014 to June 19, 2014, the Defendant committed abuse that harms the mental health and development of 13 children of the Green Cross, such as the attached list of crimes, on 54 occasions, from around June 2, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. A complaint, stenographic records, and a copy of the details of damage inflicted by G;

1. Each statement, written statement of the representative, each written appeal, and the written appeal;

1. Application of six Acts and subordinate statutes to each CCTV photograph and CCTV screen;

1. Article 71 (1) 2 and Article 17 subparagraph 5 of the Child Welfare Act, the choice of applicable laws and punishment for facts constituting an offense, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination as to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The assertion that it does not meet the requirements for crime composition;

A. The defendant and his defense counsel asserted that "each act of the defendant's judgment does not constitute emotional abuse against the victims, and there was no emotional abuse of the victims."

B. Determination under Article 17 of the Child Welfare Act provides for “an act of abuse that causes damage to a child’s body” under subparagraph 3 as a prohibited act against a child, and separately provides for “an act of emotional abuse that causes harm to the mental health and development of the child” under subparagraph 5. Thus, an act that does not harm the mental health and development of the child among the acts of damaging the child’s body cannot be presented in light of the language and text of each of the above provisions.

arrow