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(영문) 대구지방법원 2018.12.06 2018고단3677
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from March 2016 to June 15, 2018, worked as a childcare teacher of “C Child Care Center” located in Daegu Suwon-gu B, and the victimized child D(V, 4 years old) is a child of the said “E” group.

1. On May 3, 2018, around 12:09, the Defendant, in the Daegu Suwon-gu B, “C Child Care Center” class, and in the “E-child care center” class, the Defendant, without any particular reason, had a child suffering from a fluoring that he/she was seated on his/her will and was in excess of the upper bottom.

2. On May 3, 2018, around 12:12, around 2018, the Defendant: (a) put a food board on the part of the victimized child, without any particular reason, at the place indicated in paragraph (1); and (b) put the victimized child seated on the table without any justifiable reason; and (c) put the food board on the part of the victimized child.

3. On May 3, 2018, the Defendant, at around 12:16 around 12:16, posted a food plate to the damaged child at a place set forth in paragraph 1, and, without any particular reason, allowed the victimized child to sit down on the floor by cutting down his/her arms against the victimized child.

4. On May 3, 2018, at around 12:27 around 12:27, the Defendant: (a) placed the head of the victimized child at one time on the left hand of the floor on the ground that the victimized child was shaking of his/her book.

Accordingly, the Defendant committed physical abuse that may harm the physical health and development of victimized children more than four times in total.

Summary of Evidence

1. An investigation report (in cases of CCTV images of the C Child Care Center), an investigation report (in cases of the CCTV images of the relevant case submitted by a reference witness, attachment of documents and additional pages for damage);

1. The 112 reported case processing list and stenographic records;

1. Part 1 of CCTV CD (the defendant and his defense counsel did not have the head of the victimized child as stated in the above crime No. 4, and the defendant did not have the intent of abuse to the defendant at the time of each act of this case, and each act of this case is limited to the degree of subordinate behavior of the teacher, not the abuse.

According to the evidence, including the video of CCTV CDs, it is recognized that the defendant committed each act in the judgment.

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