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(영문) 울산지방법원 2019.08.12 2018고단2026

아동복지법위반(아동유기ㆍ방임)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As the wife B, the Defendant is the father and mother of the Victim C (Nam, 11) and D (n, 9 years of age).

1. No person who violates the Child Welfare Act 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, from March 2012 to July 2016, the defendant living together with the husband B in the E Apartment F's dwelling area in Yangsan-si from March 2012 to July 2016, the defendant did not leave the victims in an indefinite environment and provide continuous food to the victims, and caused the victims C to attend without permission for 92 days and 124 days at school.

As a result, the Defendant committed an act of neglecting the basic protection, rearing, medical treatment, and education for the victims under his protection and supervision in collusion with B.

2. 아동복지법위반(아동학대) 피고인은 2016. 4. 26. 저녁 무렵 위 피고인의 주거지에서 부부싸움을 한 이후 감정이 격해지자 피해자들이 지켜보는 앞에서 커터 칼을 이용하여 자신의 손목을 긋는 시늉을 하였다.

Accordingly, the defendant committed emotional abuse against victims that may harm the mental health and development of children.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Stenographic records;

1. Application of Acts and subordinate statutes for report on internal investigation (attached documents, such as school attendance books and counseling days);

1. Article 71 (1) 2 of the Child Welfare Act and subparagraphs 5 and 6 of Article 17 of the same Act concerning facts constituting an offense (or, respectively, choice of imprisonment);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse Crimes is without considerable mental impulses that a child victim received due to the crime of this case.