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(영문) 대구지방법원 안동지원 2016.04.05 2015고단855

아동복지법위반(아동유기ㆍ방임)

Text

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

However, the execution of the above sentence 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 became a person with parental authority over the victim C (7 years) who is a child after the death of the father-child B in 2013.

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.

From June 5, 2013, the Defendant entrusted the victim with infant care for 24 hours at E-care centers located in Suwon-gu, Suwon-si, and paid infant care fees of 162,000 won per month to the victimized person at the end of each week, and did not pay infant care fees from March 2014. After changing the residence and contact address around December 24, 2014, the Defendant did not contact or find any contact with the said child care center until May 4, 2015, the Defendant abandoned the victim, who is a child, and neglected to provide basic child care, medical care and education, by transferring the victim to a specialized child protection agency in Gyeonggi-do without attending an elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] prescribed in the general standard of punishment (limited to abandonment and abuse) / [the decision of sentence from June to January] / [the decision of sentence] under the basic area of the two types (limited to abandonment and abuse] / However, it is not a solution in terms of the defendant's confession and rebuttal, the sentence of heavy punishment to the victimized child's friendly mother is not a solution in terms of the rearing of victimized child, etc., and the defendant later raises victimized child, including the fact that the defendant is able to raise victimized child, and the sentence is determined as ordered in consideration of the defendant's age, sex behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.