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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is an instructor belonging to the "C" located in Ulsan-gu B, Ulsan-gu, who teaches kindergarten students after being entrusted with sports education by C kindergartens, and the victim D (five years of age) is a child attending the E C kindergarten located in Ulsan-gu, Ulsan-gu.
On August 27, 2014, around 14:30 on August 14: 27, 2014, the Defendant, within the Dong-gu C kindergarten auditorium E located in Ulsan-gu, Ulsan-gu, had the victim undergo the bridge of the Defendant, take the arms of the victim, pressure the Defendant’s arms and legs to prevent the victim from leaving their arms and legs, and led the victim to take care of the inside part of the victim’s body.
Accordingly, the defendant committed child abuse that damages the body of the victim who is a child.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the photographic Acts and subordinate statutes;
1. Article 71 (1) 2 of the Child Welfare Act and subparagraph 3 of Article 17 of the same Act concerning the relevant criminal facts and the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is not to be less complicated, but to require strong punishment against child abuse crimes in consideration of the social atmosphere.
However, the defendant assaulted the victim with the intention of harming himself.
The punishment shall be determined and sentenced as ordered by taking into account the following: (a) the victim appears to have been affected by his/her nose while leading the victim rather than by his/her behavior; (b) the first offender who has no previous criminal record; and (c) the victim expressed his/her intention not to be punished on the part of the victim by mutual consent with his/her guardian.