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(영문) 의정부지방법원 2017.09.06 2016고단4047

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 became final and conclusive.

Reasons

Punishment of the crime

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, etc.

Nevertheless, the Defendant given birth to the victim E (0 years) to the elderly in D’s childbirth from D’s child located in B, Spocheon-si, B, and the victim was transferred to G hospital located in Seoul Special Metropolitan City, Nowon-gu on April 23, 2014 due to health deterioration, and had the victim undergo an operation on May 12, 2014, respectively, with the factory care. On July 2014, the Defendant was married foreign capital even though it is possible to discharge the victim from the hospital, and caused the victim to suffer the burden on the medical treatment expenses of the victim diagnosed with D’s disease in Spocheon-si, and did not release the victim without the birth report for the victim, and neglected the victim’s care to the hospital hospital by January 30, 2015, and let the victim enter the facility for disabled children at the same time as the victim’s accommodation.

As a result, the defendant neglected the basic protection, rearing, and treatment of the victim who is a child, thereby neglecting the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to a written accusation, case summary, and written admission confirmation;

1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 6 of the Act on the Place of Punishment for Children and the Selection of Imprisonment with prison labor for the crime;

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