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(영문) 대전지방법원 2018.02.26 2017고단4679

아동복지법위반(아동유기ㆍ방임)

Text

A defendant shall be punished by imprisonment for one year.

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

On the ground that the defendant was the mother of the victim B(4) and did not know who is the father of the victim's father, etc., he thought that he could no longer raise the victim more properly while raising the victim by negligence without the report of birth.

On May 26, 2017, around 05:45, the Defendant moved the victim into a redry field in front of the “D” located in Jeju City, and left the victim alone.

Accordingly, the defendant abandons his child under his protection and supervision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a reply summary of the report on the occurrence of a child (suspect of child abandonment), notification of the department related to the report of the 112 Incident, investigation report (the details of surrounding CCTV and suspect's specific circumstances), investigation report (the party investigation of a suspect) and the application

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act, Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses is based on the following circumstances and the defendant’s age, sex, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the pleadings of the instant case shall be determined as ordered, taking into account the following circumstances:

The circumstances at a disadvantage: The defendant abandons her aged child and neglected to take care of her mother's basic duty to protect and nurture her child, and the crime is not good in light of the circumstances and contents of the crime; the victim did not report the birth of her four death; and the victim could not receive most social benefits, such as preventive vaccination that needs to be registered her resident registration number: The defendant is against the confession of the crime of this case; and the defendant is the defendant.