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(영문) 부산지방법원 2018.10.04 2017고단5556
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 5,00,000.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A served as a child care teacher of "D Child Care Center in the Dong-gu Busan Metropolitan City, and was a teacher of "E" belonging to F( South, the fourth) of victimized child F, and the defendant B is the president of the above child care center.

1. Defendant A

A. On March 2016, the Defendant: (a) in the class “E Ban” on the first floor of the above-mentioned child care center on the date, the Defendant, on the ground that the victimized child did not easily listen to the horses and did not arrange toyss; and (b) caused the victimized child to knife the knife with a knife object such as an increase in the knife knife.

B. On March 1, 2016, the Defendant: (a) at the same place as the day following the date stated in the above paragraph (1)-A; and (b) at the same time, the victimized child took the victimized child into a toilet on the ground that the victimized child told him/her of the facts stated in the above paragraph (1)-A; and (c) took the victimized child into a toilet; and (d) took the head, muck, and bucks, etc.

(c)

On December 9, 2016, the Defendant moved the victimized child into a blind spot where CCTV in the “E” class in the childcare center was not taken, on the ground that the victimized child was not boomed well at the same place at the point of occupation time, and the Defendant was 10 times the breast, fry, head, etc. of the victimized child.

Accordingly, the defendant, as a student of the above child care center, committed physical abuse that damages to the body of the victimized child who is protected by the defendant as a student of the child care center, or damages the physical health and development of the body.

2. Defendant B, an employee of the Defendant, committed an act of violation as described in the above 1. Paragraph (1) with respect to the Defendant’s work.

Summary of Evidence

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. Each stenographic record, counseling opinion, reply to a request for investigation as to whether a child welfare law has been violated, and a notification of the results of statement analysis;

1. Investigation report (to attach photographs to be damaged and CCTV images at the scene);

1. The Defendants and the defense counsel did not abuse the victimized child as stated in the facts charged by Defendant A, and even if they did so.

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