A defendant shall be punished by imprisonment with prison labor for up to six 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 the person obligated to report child abuse as a child care teacher of the Seongbuk-gu Seoul 'C Child Care Center' in Seongbuk-gu, Seoul, and the victim D(2) is a child attending the above child care center.

At around 14:52 on January 23, 2019, the Defendant: (a) in the class E of the Child Care Center (hereinafter “Child Care Center”) around 14:52, on the ground that the victim was working without being able to do so, the Defendant kept tightly a part of the victim’s shoulder at his hand once, was pushed down three times, was pushed down a part of the victim’s shoulder, was tightly pushed down on three occasions, the head part was tightly pushed down, and continued to break down the body of other children who the victim is locked in the front of the victim, and got tight down four times.

As a result, the defendant committed emotional abuse that harms the mental health and development of the victim, who is a child obligated to report child abuse.

Summary of Evidence

1. The statement of each police officer made to F and G;

1. Written opinion;

1. Application of Acts and subordinate statutes in 1 head of CCTV screen and CCTV CD;

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

1. According to Article 2(1) of the Addenda to the Child Welfare Act of the Child Welfare Act (Act No. 1589, Dec. 11, 2018) and the main sentence of Article 29-3(1) of the Child Welfare Act, the Defendant’s act was obviously an emotional abuse that may harm the mental health and development of the victimized child. However, despite the fact that the Defendant’s act was evident, such as CCTV CDs, the Defendant’s intentional act was denied and did not reflect, and the victimized person appears to have received psychological treatment for a considerable period of time due to the aftermath of the instant case, and other circumstances revealed in the instant records and arguments, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.