Daycare Teacher Pressed 5-Year-Old's Head to Lunch Tray for Not Eating... Court Grants Suspended Sentence

Court States: "Occurred During Discipline... Circumstances Warrant Consideration"

A court has suspended the sentence of a daycare teacher who pressed the head of a five-year-old child against a lunch tray because the child was not eating well.

Asia Economy DB

On May 20, the Incheon District Court Criminal Division 3 (presiding judge Lee Dongho) announced that it had suspended the sentence for A (age 27), who was indicted on charges of aggravated child abuse by a childcare facility worker under the Act on Special Cases Concerning the Punishment of Child Abuse Crimes. The court suspended the imposition of a 7 million won fine.

A suspended sentence is a ruling in which, for minor offenses, the court postpones the imposition of a sentence for a certain period. If two years pass from the date of suspension, the offense is effectively treated as if it never occurred.

A was indicted for physically abusing B (age 5) on four occasions in a daycare classroom in Jung-gu, Incheon, from November 30 to December 14, 2023.

According to the investigation, A grabbed B's neck or face with her hand and pressed her toward the lunch tray because B was not eating her meals or snacks well. For the same reason, A also struck B's neck with her arm or grabbed B's arm and tried to force food into her mouth.

The court determined that A's actions constituted child abuse, but, taking into account the victim's position and the circumstances of the offense, granted leniency. The court did not order A to complete a child abuse treatment program or restrict her employment at child-related institutions.

The panel stated, "The defendant has admitted to most of her wrongdoing, has shown remorse, and has pledged not to reoffend. This incident occurred during the discipline of a child with relatively severe picky eating habits, and there are circumstances in the course of the offense that warrant consideration."

The court added, "The defendant has reached a settlement with the victim's legal guardian, the father, and the victim's side does not wish for the defendant to be punished. The defendant is a first-time offender with no prior criminal record and had worked relatively diligently as a daycare teacher before this incident. These factors were considered in determining the sentence."