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(영문) 대구지방법원 2017.11.02 2017고단4446
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person who has served as a child care teacher in charge of love of a child care center D in Daegu Northern-gu C.

On March 10, 2017, around 12:49, the Defendant: (a) sought from the stairs of the above D Child Care Center 2 to 3 floors; (b) sought not to enter the class and (c) made the damaged child E (2) enter the class; and (c) made the damaged child’s face be covered by the stude in the stude system, and made the damaged child face be covered by the stude; and (d) made the same year from that time.

3. From the 13:17th day to the 20th day of 23:17, a total of five times, such as the list of crimes in the annexed crime list, in which the victim was boomed, or was boomed, with a total of five times.

As a result, the defendant, as a private childcare center's childcare staff, committed physical abuse that damages the body of a child or damages the physical health and development of a child.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. Police seizure records;

1. 112 Report processing table, victim's photograph, opinion, victim's body photograph, list of child care workers, list of persons engaged in child care, photograph of the offender and application of Acts and subordinate statutes related to authorized evidence of each paragraph of the crime list;

1. Relevant Article 7 and Article 10 (2) 12 of the Act on Punishment, etc. of Child Abuse Offenses, Articles 71 (1) 2 and 17 subparagraph 3 of the Child Welfare Act, and each choice of imprisonment, respectively, for a criminal offense;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant repeats physical abuse, such as assault, against the victimized child under the age of 2 who is not able to defend himself/herself as a child care teacher, and such child abuse is a highly likely crime that may affect the growth and development of victimized children in the future by infringing the physical mental health of the victimized child with psychological or physical disability.

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