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(영문) 수원지방법원안산지원 2020.08.21 2020고단1254
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the head of Ansan-si who operates the "C Child Care Center" in the Dong-gu, Ansan-si.

1. No person who violates the Infant Care Act shall receive any subsidy, or divert any subsidy, by fraud or other improper means;

Nevertheless, the Defendant, from August 26, 2019 to October 25, 2019, deemed that the proportion of the children of the teachers’ child to the Ansan-si was normal as if it were not registered in the childcare integration information system and received KRW 5,108,00 of the monthly subsidies from August 26, 2019 to September 25, 201.

2. Around September 17, 2019, the Defendant: (a) committed physical abuse or emotional abuse against six child-care centers at the above child-care center (E, female, and 2 years old); (b) one time the head of the child E (E, female, and 2 years old); and (c) one time the head of the above child was kept in front of the head of the vessel’s leader; and (d) until October 24 of the same year from that time until October 24, 2019, the Defendant committed physical abuse or emotional abuse against the above child-care center at least 37 times, such as the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of the F, G, H, I, J, K, L, M, and N;

1. Written confirmation of an accusation and a statement of illegal receipt of subsidies, respectively;

1. Application of Acts and subordinate statutes to summary summary of the 112 Reporting Report on CCTV images and photographs of a child care center, the 112 Reporting List (C CCTV image analysis) and the investigation report (CCTV image verification);

1. 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 subparags. 3 and 5 (a point of child abuse) of the Child Welfare Act, and Article 54(2) of the Infant Care Act.

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