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(영문) 청주지방법원 2018.10.04 2018고단1483

아동복지법위반(아동유기ㆍ방임)

Text

Defendants shall be punished by imprisonment for six months.

However, the defendant B is above two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants are married couple who are living separately during the current divorce period, and they are the parents of victims C (math 1) and victims D (math 8 months after birth).

1. No person who is accused of a crime shall abandon a child under his/her protection and supervision;

Nevertheless, the Defendant was promised by B on May 29, 2018 at the residence of heading E, B, 302 of Dong-gu, Cheongju-si on May 29, 2018.

Because it is difficult for the victims to care alone due to the failure to receive child support, the victims were placed in the front corridor of the residence of the above B.

Accordingly, the defendant abandons the victims who are children under his protection and supervision.

2. No person who is accused B shall abandon a child under his/her protection and supervision;

On May 29, 2018, at around 16:00, the Defendant came to the residence of A, which is located in the territory of Cheongju-si, a considerable area of Cheongju-si, and left the residence of A without any notification of the Defendant, as prescribed in paragraph (1) of the facts charged.

Accordingly, the defendant abandons the victims who are children under his protection and supervision.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of the family relation certificate;

1. 112 A list of reported cases;

1. The pictures of Defendant B and reporter’s text messages;

1. H message;

1. Written opinions on suspected cases of child science;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 71 (1) 2 and Article 17 subparagraph 6 of the Act on the Punishment of Children and Child Uniforms, the applicable law and the selection of punishment for the crime

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

1. Reasons for sentencing under Articles 8(1) and 8(5) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses, etc.

1. The basic area (from June to one year and six months) of the sentencing guidelines (the scope of the recommended punishment) (the person who is subject to special sentencing) (the person who is subject to special sentencing) of the two types (serious abandonment and abuse).