A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is a teacher in charge of D(1) of C Child Care Center in Gangdong-gu Seoul Metropolitan Government, and the child victim E(2) is a child of the above D who started to move to the above Child Care Center from May 2, 2019.

On May 9, 2019, even though the Defendant recommended the participation of art activities in the class D of the above child care center D, on the ground that the child was refused, the Defendant moved the child to the seat of the Gu, was unable to attach the arms and legs of the child, and was unable to move up the child, and was given the child by hand twice the bridge of the child, and the child was given by hand twice continuously taking place in the place where the child was inside, and by hand, twice the child was given by the son, etc., and by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (the CCTV images of child-care centers);

1. Relevant Article 7 and Article 10 (2) 12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Articles 71 (1) 2 and 17 subparagraph 5 of the Child Welfare Act, and choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Article 8 (1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. Circumstances unfavorable to the sentencing of Article 2(1) of the Addenda to the Child Welfare Act (Act No. 15889, Dec. 11, 2018) of the Child Welfare Act and the main sentence of Article 29-3(1) of the Child Welfare Act: The Defendant, as a child-care center teacher, has committed emotional abuse in the parent’s trust while the Defendant was in a position to look at the victimized child, and committed emotional abuse in the criminal facts indicated in the judgment of the victimized child: A favorable circumstance for the Defendant to the point that he/she was unable to take advantage of the victimized child’s parents: the Defendant has no record of punishment; the Defendant has no record of sentencing; and the sentencing conditions specified in the trial process