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(영문) 수원지방법원안산지원 2020.08.12 2020고단1285
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 served as infant care teachers at the C Child Care Center located in Ansan-gu, Dongsan-si from March 2016 to September 2019.

On June 13, 2019, the Defendant, at around 11:47, 2019, was engaged in the management of the victim’s head and head from that time on the ground that the victim’s head and head were not alone, while binding the victim’s head and head in the class of the “BBBBD” on June 13, 2019.

8. By December, 12, a total of seven victims, such as the list of crimes in the annexed sheet, committed emotional or physical abuse over 22 occasions.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s report on installation of CCTV images containing his legal statement, etc. [The CCTV Verification (6.3.-6.28.)], report on internal investigation (the CCTV Verification (7.1.-7.26.)], and report on internal investigation (the CCTV Verification (8.1.-8.12.)];

1. Article 7 and Article 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 (physical abuse) of the Child Welfare Act, 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, Articles 71 (1) 2 and 17 subparagraph 5 of the Child Welfare Act, and each choice of imprisonment;

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

1. The reason for sentencing in the main sentence of Article 29-3(1) of the Child Welfare Act on the employment restriction is that the Defendant, as a child care teacher, was committed repeatedly for a considerable period of time against many victims without recognizing that the Defendant’s act constitutes a child abuse crime even though he/she was a child care teacher, and thus, committed the crime of child abuse repeatedly for a considerable period of time. The Defendant still did not receive a letter from the victim E, F, G (name), and H, and the victim D, I, and J’s side and original agreement.

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