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(영문) 서울남부지방법원 2019.09.18 2019고단1704
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a child abuse treatment program for 40 hours.

Reasons

Punishment of the crime

Pursuant to the Child Care Support Act, the Defendant is a person who has worked as a child care provider from July 2017 to B designated as a child care provider by the head of Geumcheon-gu Seoul Metropolitan Government as the child care provider and is a person obligated to report child abuse.

A child care provider shall perform his/her duties of safe protection and care for a child, and shall not engage in physical abuse that may injure the child's body or injure the physical health and development of the child, or emotional abuse that may injure the mental health and development of the child.

On February 27, 2019, at around 09:47, the Defendant committed physical or emotional abuse against a child victim D (year 1) under his/her care on the ground that the child was not potableed at the ward located in Geumcheon-gu Seoul Metropolitan Government and OOOO, and committed physical or emotional abuse at least 34 times in total from that time until March 13, 2019, including physical abuse on the part of the child victim D (year 1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. A medical certificate for a child victim in the main case, and a development and assessment report for a child victim in the main case;

1. Application of the Acts and subordinate statutes governing abused CCTV CDs;

1. Article 7 and Article 10 (2) 23 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Article 71 (1) 2 and subparagraph 3 of Article 17 of the Child Welfare Act (a point of each physical abuse), Article 7 and Article 10 (2) 23 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, and Article 71 (1) 2 and Article 17 subparagraph 5 of the Child Welfare Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (each of the crimes committed by the acts No. 32 of the list of crimes in the attached Form);

1. Selection of imprisonment with prison labor chosen;

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

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

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