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(영문) 제주지방법원 2021.01.14 2020고단2583

아동복지법위반(아동유기ㆍ방임)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant married with B and placed under the Victim C ( South, 16 years of age), D (n, 16 years of age), E (n, 12 years of age), F (n, 9 years of age), G (n, 7 years of age), H (n, 6 years of age).

No person shall abandon a child under his/her protection and supervision, or neglect the basic protection, rearing, medical treatment and education, including food, clothing and shelter.

Nevertheless, the Defendant continued contact after leaving around 2014, and did not provide victims with child support, etc., and neglected the basic protection, rearing, medical treatment, and education including children under his/her protection and supervision, by neglecting the victims, even though he/she knows that B, who is not his/her residence, resides in the family of the deceased, not his/her residence, but rather than his/her residence.

Summary of Evidence

1. Statement by the police to the defendant before the court;

1. The application of Acts and subordinate statutes following requests for cooperation in investigation, submission of materials requesting cooperation in investigation (Attachment to police counseling), report on occurrence (child abuse), processing of reported cases 112, list of family members, stenographic records, stenographic records, report on internal investigation (in cases of internal situation of victims' house visit and face-to-face counseling), submission of investigation reports (in cases of police counseling), response to requests for cooperation in investigation

1. Relevant Article of the Act and Article 71 (1) 2 and subparagraph 6 of Article 17 of the Act on the Place of Child’s Reinstatement of Punishment for the Crime (or Selection of Imprisonment);

1. In light of the following: (a) exemption from an employment restriction order under Article 62(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses under Article 62(1) of the Suspension of Execution Act; (b) the Defendant’s age, occupation, occupation, environment; (c) risk of recidivism; (d) details and motive of the offense; (e) the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the employment restriction order; and (e) the effect of the prevention of child abuse crimes and the protection of victims, there are special circumstances in which the Defendant may not issue an employment restriction order against the Defendant.

Since it is determined, Article 29-3.