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(영문) 수원지방법원 성남지원 2019.07.17 2018고단973
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a teacher in charge of child abuse and is a child abuse crime under Article 10 (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes.

1. On July 4, 2017, from around 11:33 to 11:45, the Defendant forced the victim to drink a boomed rice, and forced the victim to continue meals by leading the victim to go through his arms, on the ground that the victim E (one person, three years of age) does not drink a boomed rice.

2. On July 10, 2017, from around 11:59 to 12:19, the Defendant: (a) left the victim’s food board twice as debris on the ground that the victim does not drinked well; (b) held the victim’s food at hand on two occasions; and (c) held the victim’s food by cutting away the victim’s food board from the victim; and (d) held the victim’s food by force by attracting the victim; and (e) continued the victim’s meal even while other children were under the influence of being frighted.

3. On July 11, 2017, the Defendant: (a) around 09:33, on the ground that the victim does not properly drink a swimming pool, the Defendant sent out of the next class after being pushed down the table of the victim’s side on one hand, two occasions at the end of the suspension; and (b) by getting the victim’s arms through the victim’s arms.

Accordingly, the Defendant committed a crime of child abuse against a child under his/her care by doing physical abuse that may injure the body of a child, or harm the physical health and development of a child, and by doing emotional abuse that may injure the mental health and development of a child.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Child care centerCCTV video data CDs;

1. Determination as to the defendant and defense counsel's assertion of investigation report (the result of CCTV video verification No. 10, 12, and 13 of crime sight table)

1. Although it was inappropriate to take care of the summary of the claim, there was an intention to provide correct eating habits guidance and abuse.

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