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(영문) 부산지방법원 2019.07.18 2019고단1466
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall complete the child abuse treatment program for 80 hours.

Reasons

Punishment of the crime

From September 3, 2018 to December 7, 2018, the Defendant worked as a teacher of the Busan-gu C Child Care Center B located in Busan-gu, and was in charge of child victim D (ma, four years of age), victim E (n, four years of age).

1. Around October 23, 2018, the Defendant abused the victim D, on the ground that he/she did not take meals and took care of his/her face in the three-story F classrooms of the above child care center, thereby committing physical abuse, such as assaulting the victim’s face at one time.

2. Abuse of victim E;

A. On November 8, 2018, from around 11:12 to 11:17, the Defendant committed emotional abuse that causes harm to the mental health and development of a child, such as leaving the chaired person seated on his/her face to the opposite side and leaving the chaired person out of the third floor F class of the above childcare center.

B. On November 8, 2018, the Defendant: (a) deemed other kindergarten children in F Class on the part of F Class on the part of December 12:54, 2018, the Defendant committed emotional abuse that may harm the mental health and development of a child, such as cutting down milch with the water of the string, and washing down the face of the victim on the part of the strings.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Statement of the police statement to H, I, and J;

1. Written opinion;

1. Application of CCTV-faging and outer fashing Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Articles 7, 10 (2) 12, and 2 subparagraph 4 (l) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Welfare Act, and selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 2 (1) of the Addenda to the Child Welfare Act (Act No. 15889, Dec. 11, 2018), Article 29-3 of the Child Welfare Act.

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