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(영문) 광주지방법원 2017.03.08 2017고단178
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

The sentence against the accused shall be three million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

From March 1, 2015, the Defendant served as a teacher of “C kindergarten” located in Gwangju Mine-gu B from March 1, 2015, and the victim D (age 6 at that time) is a child directed by the Defendant.

1. On June 9, 2016, around 09:29:29 on June 9, 2016, the Defendant: (a) taken the floor of the victim at once on the ground that the victim does not listen to the horse well; (b) on the same day, on the hand floor of the victim on the same day, the Defendant reported the wall to the victim at once, and had the victim sit on the wall.

Accordingly, the Defendant, as a teacher of a kindergarten, committed emotional abuse that may injure the body of a child victim or injure the physical health and development of the body, and that may injure the mental health and development.

2. On June 14, 2016, the Defendant committed a crime around June 14, 2016: (a) around 13:05, on the ground that the above victim does not listen well to the horses in the class of the above kindergarten Navy, the Defendant got approximately 25 minutes of the victim to be mixed with the wall, thereby leading the victim to the head of the victim once.

Accordingly, the Defendant, as a teacher of a kindergarten, committed emotional abuse that may injure the body of a child victim or injure the physical health and development of the body, and that may injure the mental health and development.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (faf to close a video data);

1. A report on internal investigation (in addition to a report on the result of measures taken by the head of a specialized child protection agency);

1. Application of statutes governing stenographic records of the Gwangju Sea Center;

1. Relevant Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Crime and Selection of Punishment, etc., Article 71 of the Child Welfare Act, Article 71 (1) 2 and Article 17 subparagraph 3 and 5 of the Act, and selection of fines;

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

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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