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(영문) 대전지방법원 천안지원 2020.06.24 2020고단1178
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is the “C Child Care Center” in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, and the victim D is a child attending the said Child Care Center.

On December 5, 2019, at around 10:50, the Defendant: (a) 10:50 on December 5, 2019, she saw a victimized child frighted within the classroom of the pertinent child care center to her flag with the wall, sealed the mother part of the victim she was frighted with other her mothers, she was placed on a her flag twit, she was boomed on the part of the her flag; (b) she was frighted by her hand so that the victim could not be divided into the victim who was sheed and she was frighted to take the side side of the her flag, and then cut the victim 44 minutes after she was pushed into the wall with the her flag. On the same day, the victim she was set up at around 11:40 on the same day.

As such, the Defendant, as a person obligated to report a crime of child abuse, committed physical abuse or emotional abuse on eight occasions from November 22, 2019 to December 5, 2019, as shown in the list of crimes in the attached Table, including the victim’s emotional abuse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (CCTV image data) and a criminal investigation report (CCTV image confirmation report);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning criminal facts, 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 subparagraph 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 Punishment, etc. of Child Abuse Crimes, Articles 7 and 71 (1) 2 and 17 subparagraph 5 of the Child Welfare Act, and choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. An order to restrict employment;

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