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(영문) 대구지방법원 2016.08.04 2016고단1945

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.

From March 2, 2010 to January 6, 2016, the Defendant: (a) protected and supervised the victims E (F) at the seat of the female and female students D located in Busan Metropolitan City; (b) did not send the victims to the school without justifiable grounds; and (c) neglected the education of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs, reports on internal investigation (Attachment to public records), internal investigation reports (Attachment to video recording stenographic records), investigation reports (other party to child-care centers in which victims E attend), investigation reports (other party to child-care centers, such as large resources, G, and teachers in charge of low-sea elementary school) within a long-term absence child-related child;

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. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] the general standard for the period of punishment and abuse (limited to abandonment and abuse) / [the decision of sentence] / In order for children to enjoy happy and human life, it is necessary to have necessary quality, ability, and emotional assistant principal as members of society by receiving regular education as well as receiving basic support such as food, clothing and shelter.

Nevertheless, it seems that the Defendant’s educational neglect without sending a victim who is his/her father to a school for about six years has not been less than that of the crime liability, and thus, there seems to be a negative emotional and social interaction caused by the unstable family environment, including the decline in recognition function, language development, and the unstable family environment, and the environment of bringing up, and the lack of opportunities for contact with others.

However, the defendant.