(영문) 인천지방법원 2021.3.17. 선고 2020고정1588 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Reasons

Criminal facts

The defendant is a teacher B) who has served as a teacher B.

1. Crimes (victim C) committed on May 31, 2019;

피고인은 2019. 5. 31. 13:00경 인천 계양구 D에 있는 B OO반에서, 식사시간에 다른 친구들이 다 같이 식사를 하고 있음에도 불구하고 피해자 C(6세)가 식사에 집중하지 않는다는 이유로 갑자기 피해자에게 다가가 피해자가 앉아있는 의자를 뒤로 확 잡아 빼 피해자로 하여금 엉덩방아를 찧게 하고, 피해자의 수저를 빼앗아 수저통에 넣고 피해자의 식판을 치웠다. 그리고 피고인은 식사를 마친 다른 원생들을 상대로 수업을 진행하고, 같은 날 13:30경 개별활동 시간에 수저통을 들고 오는 피해자로 하여금 테이블에서 혼자 남은 식사를 하도록 하였다.

After completing meals at around 13:52 on the same day, the Defendant continued to look at the body of the victim, making the victim go through her arms twice by hand, shaking it, having the victim go through her clothes on the part of the victim, having the victim go through her hand twice in her hands, and making the body of the victim shaken her in her hands, and caused the victim to sleep her arms in her hands.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of children.

2. Crimes committed on June 13, 2019 (victim E);

피고인은 2019. 6. 13. 10:00경 위 B OO반에서, 피해자 E(5세)과 나란히 앉아 교구 수업을 진행하다가 피해자가 제대로 따라하지 못하자 화가 나 손으로 피해자의 팔을 밀치거나 거칠게 잡아당기고 피해자를 일어서게 한 다음 피해자의 엉덩이를 손으로 밀치고, 피해자의 팔을 잡고 다른 원생들이 앉아 있는 테이블로 끌고 가 교구장과 테이블 사이로 밀어 넣고 등을 누르고, 계속하여 다른 테이블로 피해자를 부른 다음 의자에 앉아 있는 피해자와 마주보고 이야기를 하다가 손으로 피해자의 팔을 거칠게 잡아 흔들고 손으로 배를 쿡쿡 찌르는 등 피해자를 폭행하였다.

Accordingly, the defendant committed emotional abuse that harms the mental health and development of children.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records;

1. Current status of faculty members and certificates of qualification for teachers B;

1. B regulations and internal regulations; and

1. B CCTV images;

1. A CCTV image written opinion;

[Defendant's assertion that "only engaged in the same conduct as stated in the facts charged in this case in consideration of the characteristics of individual children for the purpose of teaching and guiding the victimized children, and it shall not be deemed that the victimized children were abused."

Article 17 of the Child Welfare Act provides for "act of abuse that causes damage to a child's body" in subparagraph 3 as a prohibited act against a child, and separately provides for "act of emotional abuse that causes harm to the mental health and development of a child" in subparagraph 5. In light of the fact that an act of causing damage to a child's body cannot be presented as an act that does not cause harm to the mental health and development of the child, among acts of causing damage to the child's body, and the language and text of the above provisions, an act of subparagraph 5 refers to an act of emotional abuse that does not cause harm to the child's body, but does not cause harm to the child's mental health and development. In this context, "act of emotional abuse that causes harm to the mental health and development of the child" includes not only cases where the mental health and development of the child is hindered but also cases where the mental health and development of the child is likely to cause harm to the child's own mental health and development, and there is sufficient possibility that such act may cause harm to the child's mental health and development or development (see, 2013.).

In light of the background and attitude leading up to the Defendant’s exercise of force against the victimized children by CCTV images and the following factors: (a) the age and development status of the victimized children by each evidence, (b) the internal provisions of B on the principle of guidance for the son (Article 27 of the Rule), and (c) the statement on the case between the Defendant and the Defendant at the time when the F Center was present while a trusted party (mother) was present at the F Center, and the opinion of the G staff member on the Defendant’s behavior taken on CCTV images; (b) the Defendant’s behavior against the victimized children exceeds the degree of legitimate decoration; and (c) the Defendant’s emotional abuse as defined in Article 17 subparag. 5 of the Child Welfare Act is determined

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 7 and Article 10(2)13 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, Article 71(1)2 and Article 17 subparag. 5 of the Child Welfare Act, and selection of fines, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Article 29-3 (1) of the Child Welfare Act (Amended by Act No. 16248, Jan. 15, 2019);

In full view of the proviso [the defendant has no record of criminal punishment except for the crime of this case, and the circumstances such as the background and attitude of the crime of this case, the contents of the punishment to be imposed on the defendant according to the crime of this case, the profits expected by the employment restriction order and its preventive effects, and the disadvantages and side effects resulting therefrom], the defendant shall not be restricted from employment.

Reasons for sentencing

Comprehensively taking into account the following circumstances and the age, character and conduct, family relationship, motive and attitude of the crime, and circumstances after the crime, the punishment shall be determined as ordered.

○ Unfavorable Circumstances: The fact that a party who is obliged to properly protect and educate a child has a bad influence on the mental health and development of the victimized child by exercising tangible power as stated in its reasoning to the victimized child with his/her ability to properly protect and educate the child.

○ favorable circumstances: The degree of abuse against victimized children is very serious, and there is no record of criminal punishment except for the crime of this case.

Judges

Judicial Rule

Note tin

1) This part of the indictment is written as 'B infant care teacher', but it is based on facts acknowledged by evidence, such as the written authorization and the teacher qualification certificate, and the above facts charged and applicable provisions of law are corrected ex officio.

2) This part of the indictment is written as “as of May 14, 2019,” but it appears to be written in writing on the above date.

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