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(영문) 대전지방법원 2017.06.16 2016고정276
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a public educational official belonging to the Daejeon Metropolitan City Office of Education, who has served as a semi-school teacher in the fourth and second grade of C elementary school, and has a duty to report child abuse.

1. On May 27, 2015, the Defendant, at the C Elementary School Meal Service Center located in Daejeon-dong, Daejeon-gu, Daejeon on May 27, 2015, used the victim E ( South, 10 years old and 10 years old) and F out of the fourth and second half of the students of the fourth and second grade where he was frighting, and used the victim's francing 4 to 5 sphere, with a bad hand, and used the victim's sphere to walk 2 to 3 times.

2. On October 1, 2015, around 12:50, the Defendant assaulted the Defendant at the instant C Elementary School fourth and second half class class of the said C Elementary School, towards the victim who was in distress, by taking advantage of the fact that he was frighten, and by taking advantage of the fact that he was frighten.

As a result, the Defendant, as a person without reporting a child science, committed emotional abuse that harms the mental health and development of a child, who is a child under his care, on two occasions in total.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Recording of the witness E's statement in the second public trial records;

1. Application of case written opinion statutes

1. Relevant Article 7 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Crime and the Selection of a fine, Article 7, Article 10 (2) and 20 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses for the Selection of a Punishment, Article 71 (1) 2 and Article 17 subparagraph 5 of the Child Welfare Act;

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr.

1. The assertion;

A. Although the Defendant was aware of the victim’s left heading of a spawn by using a spawn of the victim’s clothes once, the Defendant did not spawn or walk the spawn of the victim’s spawn, as stated in paragraph 1 of the instant facts charged, as stated in paragraph 1 of the instant charges.

(b)in addition,

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