Daycare Teacher Who Abused 3-Year-Old Child in Palojo Receives Prison Sentence in Appeal Trial

Six-Month Prison Sentence in Appeal as in Original Trial
Child Abuse Teachers Receive Consecutive Prison Terms...Some Sentences Increased in Appeal

[Asia Economy Reporter Kim Hyunjung] A childcare teacher who repeatedly abused a 3-year-old child at the daycare center where she worked was sentenced to prison in the appellate court, following the first trial.

On the 17th, the Chuncheon District Court Criminal Division 1 (Presiding Judge Kim Cheongmi) announced that it sentenced A (34), who was indicted on charges of aggravated child abuse by a worker at a child welfare facility under the Child Abuse Punishment Act, to six months in prison, the same sentence as the original trial.

The 40-hour child abuse treatment program completion order and the three-year employment restriction at child-related institutions imposed on A were also maintained as in the original trial.

A was tried on charges of emotionally and physically abusing a three-year-old child by pushing and neglecting the child five times while working as a childcare teacher at a daycare center in Wonju, Gangwon Province, from August last year to January this year.

A is also accused of restraining the victim child by tightly hugging the child with both arms or cornering the child in the classroom and preventing them from leaving.

The Wonju Branch of the Chuncheon District Court, which handled the first trial, sentenced A to six months in prison, stating, "The nature of A's crime is serious, and there was no settlement with the victim child."

The appellate court said, "Even after carefully reviewing the case records and sentencing conditions presented during the trial, the original sentence is appropriate," and "It is not recognized as unfair for being excessively heavy or light beyond the reasonable range of sentencing discretion," thus upholding the original sentence.

In contrast to this case, there have been instances where childcare teachers who committed child abuse received heavier sentences in the appellate court.

On the 9th, the Changwon District Court Criminal Division 5 (Presiding Judge Kim Byungryong) overturned the original sentence of one year and two months in prison with a three-year probation for B, a childcare teacher in her 40s indicted for violating the Special Act on the Punishment of Child Abuse Crimes, and sentenced her to ten months in prison. The court also ordered B to attend 40 hours of child abuse treatment lectures and imposed a five-year employment restriction at child-related institutions.

B, a childcare teacher at a daycare center specializing in children with disabilities, was accused of abusing a five-year-old boy victim at the daycare center where she worked in August 2020 by repeatedly pushing his legs because he was whining, among other reasons, committing abuse twelve times.

B was also indicted for joining with fellow childcare teacher C to abuse children with disabilities by hitting their heads hard several times and flicking their ears for reasons such as not taking naps or not eating snacks from August to September 2020.

The appellate court explained the sentencing rationale, saying, "Children with disabilities require special protection, but the childcare teacher's abusive acts negatively affected the children," and "Considering that B was not forgiven by the victims' guardians and the physical abuse was severe, the prosecution's appeal that the first trial's sentence was too light is recognized."

However, childcare teacher C and director D, who were indicted on the same charges, were each fined 7 million won and 4 million won, respectively, the same as in the original trial.

D was tried on charges of neglecting the duty of guidance and supervision as the daycare center director, which adversely affected the children's mental health and emotional development.