2020 highest 6258A. Violation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (child)

Punishment of Child Abuse Leave by Welfare Facility Employees, etc.)

(b) Child Welfare Violation;

1.(a) A (76 years old, female, and non-permanent)

2.(a) B (81 years old, female, and non-existent)

3.(b) C (80 years old, female, and non-permanent)

Haseman, Lee Jae-in, and Public Trial

Law Firm Gwangju District Court (for Defendant A)

[Defendant-Appellee]

Attorney Kim △-△△ (the central office for Defendant B)

Law Firm (for the defendant C)

[Defendant-Appellee]

April 15, 2021

[Defendant A]

Defendant A shall be punished by imprisonment with prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive, and the community service for 80 hours to Defendant A, taking lectures for the prevention of recidivism against child abuse, and placing restrictions on employment for five years to child-related institutions.

[Defendant B]

Defendant B shall be punished by a fine of KRW 2,000,000.

When Defendant B fails to pay the above fine, Defendant B shall be confined in a workhouse for a period calculated by converting KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Defendant B shall be ordered to take a lecture for the prevention of recidivism of child abuse for 40 hours.

[Defendant C]

Defendant C shall be punished by a fine of KRW 5,000,000.

When Defendant C fails to pay the above fine, Defendant C shall be confined in a workhouse for the period calculated by converting KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

From October 2019, Defendant A served as B’s infant care teacher at the “○○○○ Child care center operated by Defendant C” in Daegu. From November 4, 2019, Defendant B served as B’s infant care teacher at the above 0 child care center from November 4, 2019. As above, Defendant A and Defendant B are child care teachers, who are obligated to report child abuse.

1. Defendant A

Around 10:15 on December 19, 2019, the Defendant, at the classroom of ○○○ Child Care Center A located in Daegu on the ground that ○○○○○, a child victim, was dissatisfied with another child, committed a physical abuse that may injure the body of the child or may injure the physical health and development of the body by placing the shoulder of both the child victim on his/her hand, and thereby, committed a emotional abuse that may injure the health and development of the child victim’s body over 36 times from that time until January 16, 2020, such as the list of crimes in the attached list of crimes, and that the Defendant committed a physical abuse that may injure the mental health and development of the child victim Kim○ (ma, 1 year old).

2. Defendant B

On December 12, 2019, the Defendant, at ○○ Child Care Center B located in Daegu on December 11:07, 2019, deducted the abnormal person from his/her head to his/her body or committed physical abuse that may injure the physical health and development of the body of the victimized child, on the ground that he/she does not put the abnormal person in the course of collecting the wounded person while playing with his/her her son and other children, who are the victimized child.

3. Defendant C

The defendant, who is an employee of the above ○○ Child Care Center under the Infant Care Act, actually operated the above ○○ Child Care Center under the Infant Care Act, committed physical abuse against the above ○○ Child Care Center or the above ○○ Child Care Center under the provisions of paragraphs (1) and (2), or committed emotional abuse that may injure the physical health and development of the human body.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the Defendants

1. Each police protocol on ○○○, C, ○○, ○○, ○○, Kim○, B, ○○, ○○○, ○○, ○○, and ○○, and ○○, respectively;

1. A report on investigation (the sequence 1, 2, 4, 5 of the evidence list);

1. Four CCTV CDs at ○○ Child Care Center, and four CCTV images;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendant A: Articles 7 and 10(2)12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Articles 71(1)2 and 17 subparag. 3 of the Child Welfare Act (a point of physical abuse); Articles 7 and 10(2)12 of the Act on Special Cases concerning the Management, etc. of Child Abuse Crimes; Articles 7 and 10(2)12 of the Child Welfare Act; Articles 71(1)2 and 17 subparag. 5 of the Child Welfare Act (a point of emotional abuse); each of imprisonment options;

○ Defendant B: Article 7 and Article 10(2)12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act; Selection of fines

Defendant C: The main sentence of Article 74 of the Child Welfare Act, Article 71(1)2 of the Child Welfare Act, Article 17 subparag. 3 (Joint Penal Provisions for Physical Abuse), the main sentence of Article 74 of the Child Welfare Act, Article 71(1)2 of the Child Welfare Act, and Article 17 subparag. 5 (Joint Penal Provisions for Emotional Abuse) of the Child Welfare Act, and the selection of each fine.

1. Aggravation for concurrent crimes;

Defendant A and C: the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act

1. Detention in a workhouse;

○ Defendant B and C: Articles 70(1) and 69(2) of each Criminal Act

1. Suspension of execution;

○ Defendant A: Article 62(1) of the Criminal Act

1. Social service order;

○ Defendant A: Article 62-2 of the Criminal Act

1. Order to attend lectures;

○ Defendant A and B: Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

1. An employment restriction order;

○ Defendant A: the main sentence of Article 29-3(1) of the Child Welfare Act

The Defendant B’s exemption from the employment restriction order: In light of the above Defendant’s age, occupation, environment, risk of repeating the crime of this case, the background and content of the crime of this case, the record of punishment, the anticipated side effects of the crime of child abuse, and the effect of the protection of the victim, etc., comprehensively taking into account the above Defendant’s age, occupation, and environment, the crime of this case, the record of the crime of this case, and the anticipated side effects of the crime of child abuse that may be achieved by the employment restriction order, there is a special circumstance that the above Defendant

1. Order of provisional payment;

0 Defendant B and C: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Defendant A

Although Defendant A was in a position to protect and educate victimized children as child care teachers, he/she committed physical and emotional abuse against the affected children over a number of times. Defendant A’s abuse seems to have suffered a considerable mental suffering for the victimized children. Defendant A trusted Defendant A and took charge of the victimized children. Defendant A did not receive a letter from the guardians of victimized children, and his/her guardians want to be punished for severe mental suffering. Defendant A did not receive a letter from the guardians of victimized children, and his/her guardians want to be punished for the Defendant.

However, Defendant A is an initial offender with no record of criminal punishment, the attitude of reflecting the depth of the criminal facts while recognizing all the criminal facts, and the defendant has lost his occupation as infant care teacher due to the crime of this case, etc. Considering the circumstances favorable to the defendant, it is expected that the risk of recidivism may be considerably mitigated through the community service order, the lecture order, and the employment restriction order against the defendant, and other factors of sentencing specified in the arguments of this case, including the defendant A’s age, environment, character and behavior, family relationship, motive and means of the crime, the motive and means of the crime, the result of the crime, and the circumstances after the crime, etc., shall be determined as per Disposition

2. Defendant B

Defendant A committed physical abuse against victimized children even though he/she was in a position to protect and culture victimized children as child care teachers. Defendant A did not receive any brupt from the guardian of victimized children.

However, under the circumstances favorable to the defendant, such as the fact that the defendant has no record of punishment once as a fine, and that there is no record of other crime, the defendant shows the attitude of reflecting the criminal facts, and the defendant's crime appears to have occurred once and once, etc. The defendant's crime is expected to be more contingent. The risk of recidivism can be considerably mitigated through an order to attend a lecture against the defendant, and the defendant's age, environment, character and conduct, family relation, motive and means of the crime, the motive and means of the crime, the result of the crime, and the circumstances after the crime, etc. shall be determined as per the order.

3. Defendant C.

Defendant C, as an operator of a child-care center, had the child-care teacher supervise Defendant A and B, and failed to prevent the occurrence of the above abuse. Although the above abuse has continued for a considerable period of time, Defendant C was unable to suspend it. Defendant C shall be liable corresponding to the operator.

However, under favorable circumstances, Defendant C is an initial offender with no criminal records, and the attitude of reflecting the criminal facts while recognizing the criminal facts, etc., the following factors are considered. In addition, comprehensively taking into account the following factors: Defendant C’s age, environment, character and conduct, family relationship, motive and means of the crime, result of the crime, circumstance after the crime, etc., the sentence shall be determined as per the order.

Judges Kim Jae-nam

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.