A defendant shall be punished by imprisonment for one year.

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 was working as a child care teacher of the "C Child Care Center" in Seosan-si B, and the victim D (3 years of age), E (3 years of age) and F (3 years of age) are children who are working for the above child care center.

On October 17, 2018, the Defendant: (a) around 11:45 on October 17, 2018, on the ground that he did not listen to the horses in order to continue the operation of the victim D in the class of the said childcare center G class; (b) placed the victim D’s arms on his hand; and (c) committed physical abuse that may inflict physical damage on the victim’s body or may inflict physical health and development on the victim at least nine occasions from November 28, 2018, as listed in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 71 (1) 2 and Article 17 subparagraph 3 of the Child Welfare Act, the choice of applicable laws and punishment for facts constituting an offense, and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Reasons for sentencing of Article 2 (1) of the Addenda to the Child Welfare Act (Act No. 1589, Dec. 11, 2018); the main sentence of Article 29-3 (1) of the Child Welfare Act (excluding subparagraph 23) of the Child Welfare Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of the recommended sentence according to the sentencing guidelines (a decision of type), and arrest, confinement, abandonment, or abuse;

(a) Aggravation factors of serious abandonment or abuse [Type 2] (Special Aggravation): Where multiple victims or have committed a crime repeatedly over a considerable period of time (the area of recommendation and the scope of recommendation] increased area, one year to two years in imprisonment;

3. While the Defendant was in a position to protect victimized children as infant care teachers, the Defendant physically abused victimized children who cannot defend themselves over several occasions.

Such crimes of child abuse are growing.