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(영문) 수원지방법원 성남지원 2019.01.10 2018고단2156
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
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 C Child Care Teachers D in Gwangju City, and is the person obligated to report child abuse crimes under Article 10 (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes.

On December 11, 2017, between 12:32 and 12:43, the Defendant drinked the victim E (name, and 4 years of age) with a meal at the above D classroom, and boomed the victim’s boomed boomed boomed. The Defendant continued to put the brined food into the food board of the victim who spited the brined brin, thereby damaging the mental health and development of the victim who is a child, and committed emotional abuse that may injure the victim’s physical health and development at least nine times until January 19, 2018, as indicated in the list of crimes committed by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Stenographic records;

1. Application of the Acts and subordinate statutes to capture each CCTV image data;

1. Article 7 and Article 10(2)12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes under the relevant provisions concerning criminal facts; Article 71(1)2 and subparagraph 3 of Article 17 of the former Child Welfare Act (wholly amended by Act No. 14925, Oct. 24, 2017; hereinafter the same shall apply); Articles 7 and 10(2)12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Article 7 and subparagraph 5 of Article 17 of the former Child Welfare Act (including emotional abuse of a child; hereinafter the same shall apply); Article 71(2)2 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes; Article 71(1)2 and subparagraph 5 of Article 17 of the former Child Welfare Act (including each time period of the same day);

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 8 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes (the scope of recommendations) (the general standard for abandonment and abuse) shall be the abandonment and abuse of the two types.

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