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(영문) 수원지방법원 성남지원 2018.08.31 2017고단3566
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is a class D teacher of C kindergarten in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and the victim E (3 ) is a kindergarten teacher.

At around 13:00 on June 17, 2016, the Defendant: (a) placed the victim’s face part once in drinking for the reason that the victim was not promptly boomed; (b) placed the victim’s face part once, and (c) placed the buckbucks part once.

Accordingly, the defendant, as a worker of a child welfare facility, has committed physical abuse of a child's body.

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to fully reach the extent that such conviction would lead to the prosecutor’s above conviction, even if there is doubt of guilt, such as the defendant’s assertion or defense being inconsistent or uncomfortable, it should be determined in the interests of the defendant.

The direct evidence to prove the facts charged lies in the victim E and his two sides of the victim E have the statement of F, and the victim's face and bucks photographed on the same day (38 pages of evidence record) to support the above statement.

However, if the defendant's drinking prices as soon as possible the other side of the victim's wucks or wucks the other side of the victim's wucks, there was a disturbance such as bucking or resisting the victim (the victim's interest bucks F).

(B) At the time of the instant case, approximately 20 children of approximately 3 to 5 years of age in a kindergarten restaurant were taking meals together in the Twit space under the supervision of various adult teachers, such as G and practical training instructors, other than D reflect, but there is no person who assaulted the victim or testified that the victim was flick (the date is not the victim).

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