Assistance From a Changwon Criminal Attorney | A Childcare Teacher Accused of Child Abuse, Defended With a Suspended Sentence

The Changwon criminal attorney listened in detail to the circumstances at the time of the incident.

The client was a daycare center childcare teacher and had been assigned the child whom all the other teachers avoided.

Having been diagnosed with ADHD, the child not only could not concentrate during class but also bothered the other children, so caring for the child was quite difficult.

However, the child's parents had asked that the child be made to take a nap without fail and that the bad behavior be corrected, and so the client, by way of discipline, took the child by the arm and instructed the child, who would not sleep during nap time.

However, the daycare center's deputy director, who saw this, showed the CCTV footage to the parents and made the matter public, calling it child abuse.

The client sincerely sought the parents' forgiveness, but they did not accept it, and the parents even posted screenshots of the footage on social media and were criticizing the client.

Ultimately brought to trial on an allegation of child abuse, the client came to the Changwon criminal attorney to defend against punishment.

Given that the client was a childcare teacher at a daycare center, the Changwon criminal attorney 🔗child abuse explained that, if charged with this offense, aggravated punishment the client could be subject to it, and that the following laws could apply.

▣ Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 7 (Aggravated Punishment of Employees of Child Welfare Facilities, and Others)

Where a person obligated to report child abuse* under each subparagraph of Article 10 (2), a person obligated to report child abuse* commits a child abuse crime against a child under the person's protection, the punishment prescribed for such crime shall be aggravated by up to one half.

*Person obligated to report child abuse : the head and staff of a comprehensive childcare support center under 「Infant Care Act」 Article 7, and childcare staff such as the director of a daycare center under Article 10.

▣ Child Welfare Act, Article 17 (Prohibited Acts)

No one shall commit any act falling under any of the following subparagraphs.

1. Selling a child

2. Causing a child to commit an obscene act or mediating such an act, or a sexual abuse act such as sexual harassment against a child

3. An act that injures a child's body or harms the health and development of the child's body, namely a physical abuse act

5. An act that harms a child's mental health and development, namely an emotional abuse act

The Changwon criminal attorney examined the sentences in precedents involving defendants charged with allegations similar to the client's.

For a physical abuse act, such as roughly seizing and pulling a child's arm at a daycare center because the child was crying, a sentence of imprisonment for 8 months and a fine of 5 million won, with a 2-year suspension of the sentence, was imposed.

(Daejeon District Court, 2018 Godan 2743 Judgment)

For a kindergarten childcare teacher who pulled the victimized child's arm forcefully, causing the child to fall, and committed emotional abuse acts on about 40 occasions, a sentence of imprisonment for 6 months, with a 2-year suspension of the sentence, was imposed.

(Busan District Court Western Branch, 2019 Godan 542 Judgment)

The Changwon criminal attorney examined the favorable factors warranting mitigation for the client and argued to the court as follows.

■ During more than 10 years working as a childcare teacher, the client had never been involved in any problem such as child abuse, and apart from the victimized child at the daycare center where the client currently works, no other child has raised such an issue.

■ The client's conduct was meant to enable the victimized child to take a nap and was intended for the child's welfare and a healthy day, with no intent whatsoever to abuse.

■ After this incident, the client immediately sent a message of apology to the victimized child and the parents, and during the investigation, watching her own conduct captured on the CCTV footage, the client reflected on her actions and is actively showing remorse.

As awareness of child abuse has grown, severe punishment has recently been imposed for crimes involving children.

In particular, where a person obligated to report child abuse, like the client above, commits child abuse against a child under that person's protection, the punishment prescribed for the offense is aggravated by up to one-half.

Therefore, as soon as you face an allegation, please consult with a criminal law specialist attorney and proceed with the case in a favorable direction.

Daeryun Law Firm has resolved numerous criminal cases and holds a substantial record of successful cases.

We can do our utmost to assist in the interest of the client, so if you need help, you are welcome at any time to visit the Daeryun 🔗Changwon office.