2017 Highest 4777 Child Welfare Act (Child abuse)

A

His/her fingers (prosecutions) and booms (public trial)

Law Firm (Attorney in Charge C, D, and E)

December 15, 2017

Defendant shall be punished by a fine of KRW 13 million. If the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The defendant is the "F" instructor of the infant care team, and the victim G (hereinafter referred to as "victimized child") is a child who is receiving the swimming course in the swimming pool of the above center.

피고인은 2017. 4. 3. 17:10경 위 센터 수영장에서 피해아동이 강습시간에 산만하게 행동한다는 이유로 다음과 같이 ① 내지 ③에 걸쳐 순차로 연달아 피해아동의 신체 건강 및 발달을 해치는 신체적 학대행위(虐待行爲)를 하였다.

① At the same time, a victimized child’s bridge and an upper arms were put into an adult pool. ② A victimized child who was missing from an adult pool and returned to a swimming for the infant did not return the swimming kick board.

(3) When a victimized child returns to a different kick board which is adjacent to an adult pool, the victimized child got off the kick board several times.

④ When a victimized child enters the Defendant who is in the physical speed of an infant, the victimized child was able to have the kick board, and the victimized child was able to put the kick board at the same time with the left arms and legs of the defective.

(5) A victimized child continued to change the kick board, and the victimized child was put out of the water and taken out of the water, and up to the adult shoulder height, the victimized child was put up with his/her shoulder, and then the victimized child was able to have been placed in the water speed.

6. In order for the victimized child to participate in the class, the victimized child was equipped with another kick board with the kick board and the kick board for the young to return to the kick board so that the victimized child could not participate in the class, and the victimized child could not participate in the class by placing the kick board on the left side of the swimming board and start the practice with other children.

7) On the back of a child who started a practice with other children, the latter fell into the left side of the child and came to the water to the water, thereby leaving the child into the water.

8. In other words, a child victim gets out of the water and again dried the left side of the water in the same way so that it can be left into the water.

9. Although the victimized child, who was in the water speed, tried to take the kick board with the kick board, the victimized child did not put up the son and the kick board twice in water, the son was locked up on the water, and eventually the son was locked out of the water by cutting the kick board.

① A victimized child went out of the water and returned to the manual kick board, and was put to the safety belt at a height of 1.5 meters between the 11st safety belt and the adult pool. Then, the victimized child was cut to approximately four minutes from the time of placing the 11th safety belt, and then the son was placed in the front floor of the swimming pool for the young, and the son was directed the other children. ② 1 ② her face of the Defendant, etc. to walk the Defendant’s horse to the Defendant. With disregarding 13 victimized children, the son was able to guide other children while guiding the son, sent the son to the gate, sent the son, and wait at the her seat, and the son was able to have the son and the Defendant write out, but the son was able to have the son and the Defendant write out, and the son became aware of about three minutes thereafter, and the son was put to the said safety belt again.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made by victimized children, and records of statement made by H;

1. Application of the Acts and subordinate statutes to investigation reports (number 1, 6, 9), respective photographs and video outputs (including closed-circuit television images), and attendance parts;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 71(1)2 and Article 17 subparag. 3 (Fine) of the Child Abuse Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

형사소송법 제334조 제1항 양형의 이유 정신적으로나 육체적으로 약자이고 피고인에 의해서 보호받아야만 할 피해아동이 일시적일지 평생 갈지 알 수 없는 트라우마에 시달리도록 할 정도의 과격하고 연속적이며 비이성적이고 야만적이며 폭압적인 가혹행위를 오히려 피고인이 가한 점, 그럼에도 불구하고 이 사건 재판이 끝날 때의 최후진술과 판결선고 직전 제출한 반성문에서 조차도 피고인 스스로 이 사건 범행을 어처구니없게도 '경솔(輕率)한 행동'(말이나 행동이 조심성 없이 가벼운 행동)으로만 규정하고 있어서 자신의 잘못이나 그로 인한 결과에 관하여 전혀 진지한 반성하고 있다고 보기 어렵고, 이런 사람이 과연 앞으로 다른 아동에 대한 수영강습을 지속하여도 되는 자격이 있는 것인지 매우 의문인 점, 한편, 피해자의 부모가 피고인과 합의하여 피고인의 처벌을 원하지 아니하고, 선처를 탄원하고 있는 점, 다른 피학대아동은 드러난 바 없어 피고인에게 한 번은 기회를 줄 필요가 있어 보이는 점 등 형법 제51조 소정 사항 참작.

Judges Song-ho