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(영문) 의정부지방법원 2018.05.31 2018고단1406
아동학대범죄의처벌등에관한특례법위반(아동복지시설종사자등의아동학대가중처벌)
Text

1. Defendant A shall be punished by imprisonment with prison labor for four months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A was the president of G children’s house located in the F at Yangju-si.

On June 2017, the Defendant got 2 to 3 times the victim’s am at the instant child-care center H class in the A.M., and 2 to 3 times the victim’s am. on the ground that the victim I(2) (3) was so detached and sounded outside this class.

In addition, from that time until July 25, 2017, the Defendant committed physical abuse that may harm the physical health and development of the victims of children, such as the Nos. 1 through No. 4 of the List of Crimes.

2. Defendant B, as a member of A, was involved in the management of A’s child house while living in the above childcare center.

On July 7, 2017, the Defendant took one time the head of the victims from Paris Bonds on the ground that the victim K(4) and L(4) were influences in the J Class of the Child Care Center at the early am of 2017.

In addition, from that time until July 28, 2017, the Defendant committed physical abuse that harms the mental health and development of the victims who are children at a total of 13 times, such as 5, 6, and net 8 to 18 years, from that time, and committed emotional abuse that harms the mental health and development of the victims who are children at around July 24, 2017, such as 5, 6, and 8 to 18 years.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement protocol on N,O, P, Q, R, S, T, U, and V;

1. The CD;

1. Application of Acts and subordinate statutes to replys as a result of the examination of child school representatives;

1. Article 7 and Article 10(2)12 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse; Article 71(1)2 of the Child Welfare Act; Article 17 subparag. 3 (Selection of Imprisonment) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse; Article 71(1)2 of the Child Welfare Act; Article 17 subparag. 3 of the Act on the Punishment, etc. of Child Abuse; Articles 71(1)2 and 17 subparag. 3 (physical abuse); Articles 71(1)2 and 17 subparag. 5 ( emotional abuse) of the Child Welfare Act; Articles 71(1)2 and 17 of the Act on the Punishment, etc. of Child Abuse; and each choice of imprisonment;

1. Defendants who aggravated concurrent crimes: the former part of Article 37 of the Criminal Act; and

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