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(영문) 청주지방법원 2018.09.13 2018고단716

아동복지법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 the father and father of the victim B (son, 6 years of age).

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.

Nevertheless, the Defendant, from the end of January 2018 to February 6, 2018, did not provide meals by having the victims of intellectual disability 3 in the Defendant’s house located in Heung-gu C and 104 in Cheongju-gu, Chungcheongnam-gu, and 104 mixed with the victim in a house where waste is left abandoned from 08:30 to 21:00 each day.

As a result, the defendant neglected the basic protection, rearing, medical treatment and education including food, clothing and shelter to a child under his protection and supervision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to a statement of opinion of a specialized child protection agency for victims);

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

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

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances under the protection and observation and the reasons for sentencing under Article 62-2 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

The fact that the nature of the crime is poor, such as not providing meals, by allowing a victim who has a self-friendly disorder to mixed himself in a house where waste is left left alone, in light of the records, the defendant confessions that the interest of the victim itself seems to be insufficient and reflects it, and after around 192, he can only be punished by a minor fine.