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(영문) 대전지방법원 천안지원 2018.04.05 2017고단2714

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 is in a marital relationship with B, and in the 402 residence, the Defendant was raising the child D (n, 17 years old), E (n, 15 years old), F (n, 13 years old), G (n, 12 years old), H (n, 7 years old), I (n, 7 years old), J (n, 6 years old), K (n, 5 years old), and K (n, 5 years old).

No person shall neglect the basic protection, rearing, medical treatment and education of a child under his/her protection and supervision, including food, clothing and shelter, and a child under his/her protection and supervision.

1. On March 13, 2017, the Defendant: (a) conspired with B to commit a crime with B on the following occasions, the Defendant left the residence without any sanitary measure, even though the said dwelling place was an unsanitary environment for the said children’s living, due to food, garbage, 2 miles, excreta, excreta, excreta, excreta, excreta, and malodor caused by the 1stma.

Accordingly, in collusion with B, the Defendant neglected the basic protection, including the food, clothing and shelter of children who are protected by the Defendant.

2. On August 22, 2017, the Defendant: (a) conspired with B to commit a crime in collusion with B; (b) foods, garbage, 2 miles, excreta, excreta, excreta, excreta, and malodor caused by the 1stma, etc., which were dissanitaryed in the living of the said children; and (c) abandoned the said housing site without any measures, even though it was an unsanitary environment for the said children to live.

Accordingly, in collusion with B, the Defendant neglected the basic protection, including the food, clothing and shelter of children who are protected by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A report of the subject party’s examination (B);

1. Stenographic records of each Chungcheong Sea Center;

1. Each photograph;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article and Article 71 (1) 2 and Article 17 subparagraph 6 of the Act on the Punishment of Children and Child Uniforms, Article 30 of the Criminal Act (Appointment of Imprisonment)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Crimes of child abuse, such as the protection and observation, the provision of Article 62-2 of the Criminal Act, and the provision of orders to attend lectures;