logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.08.11 2017고단669
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a child-care care teacher in Jung-gu Seoul Metropolitan Government D, who is a child-care center in lieu of children.

Around October 11:27, 2016, the Defendant: (a) committed assault, emotional, and physical abuse at least nine times in total between the Defendant and October 18, 2016, on the ground that the Victim G (2) who is a child under his/her care does not only go back to the Defendant, and that the Victim G (2) who is a child under his/her care does not go back to the lower court; (b) was seated up four times after the Victim’s chest; and (c) was 8 times at both hands, the Victim’s chest part was her chest; and (d) committed assault, emotional, and physical abuse as described in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV images);

1. Relevant Article of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses for the Crime, Articles 7 and 10 (2) 12 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses for the Selection of Punishment, Articles 71 (1) 2 and 17 subparagraph 5 of the Child Welfare Act (a point of emotional abuse), Article 260 (1) of the Criminal Act (a point of violence) of the Criminal Act, Articles 7 and 10 (2) 12 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses, Articles 71 (1) 2 and 17 subparagraph 3 of the Child Welfare Act (a point of physical abuse), and each choice of imprisonment);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses by Ordering Education

1. The summary of the argument is that the defendant and his defense counsel committed an act identical to the facts stated in the criminal facts in the judgment of the defendant, but it does not constitute physical and emotional abuse. The defendant did not have any intent to commit an act of assault, or to commit an act of physical and emotional abuse, even though he did not have any intent to commit an act of assault, since he did not have any contact with the victimized child or prevent the victimized child from leaving out his body or from

c) argument.

arrow