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(영문) 인천지방법원 부천지원 2020.06.25 2019고단4593
아동복지법위반(아동학대)
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Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is an instructor of the Bosper Driving School, and Defendant B is the president of the above driving school, and the victim C (the age of 15) is the student of the above driving school.

1. Defendant A

A. The Defendant, at the end of April 2019, said year.

5. At around 16:00, 16:0 Hacheon-si D, the victim's chest was pushed down by hand on the ground that the victim did not perform his/her duty.

B. On May 2, 2019, the Defendant: (a) around May 2, 2019, the Defendant: (b) within the pertinent private teaching institute lecture room; and (c) caused the victim to sit on a book to the victim who does

137 repeated actions have been conducted.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victim.

2. Defendant B has a duty to pay due attention and supervision to prevent child abuse, such as having instructors, in advance, prevent instructors from engaging in physical and mental abuse, and educational neglect against school students.

Nevertheless, the Defendant neglected to do so, and at the time and place specified in paragraph (1), caused A, an instructor of the said driving school, to engage in emotional abuse that harms the mental health and development of the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on establishment and registration;

1. Article 71 (1) 2 and Article 17 subparagraph 5 of the Child Welfare Act, and Article 74 and Article 71 (1) 2 and Article 17 subparagraph 5 of the Child Welfare Act, and Article 74 and Article 71 (1) 2 of the Child Welfare Act, and Article 17 subparagraph 5 of the same Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant A’s order to complete a program: Article 8 (1) of the Act on Special Cases concerning Punishment, etc. of Child Abuse Crimes;

1. Article 334(1)1 of the Criminal Procedure Act, respectively, of the provisional payment order.

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