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(영문) 인천지방법원 2017.10.24 2017고단2791

아동복지법위반(아동유기ㆍ방임)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 12, 2016, the Defendant was sentenced to a suspended sentence of two years for larceny in the Suwon District Court's Pyeongtaek District Court's imprisonment with prison labor for 10 months, and that judgment became final and conclusive on the 20th of the same month.

No child under his/her protection and supervision shall be abandoned, nor shall he/she neglect the basic protection, rearing, medical treatment and education, including food, clothing and shelter.

Nevertheless, at around C21:00, the Defendant: (a) delivered a victim’s name unexploited baby at the Sinwon-si “Tol character Sylle Hospital” located in Suwon-si, and (b) concluded that a single parent facility located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul cannot raise the victim at around 15:50 on the same day, and (c) made a false statement to E’s social welfare private person F, “I will go back to the house and give a strong breath,” thereby placing the victim in E.

Accordingly, the defendant neglected the basic protection and supervision of children under his protection and supervision.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Reporting on the occurrence of an infant;

1. The certificate of birth;

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to report an investigation (report on confirmation of concurrent judgments);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. The grounds for sentencing under Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes by Order to Attend shall be taken into account: (a) the motive and circumstances leading up to the Defendant’s failure to rear the victimized child due to the difficulty of bringing the victimized child; (b) the Defendant reflects his/her criminal act; and (c) equity with the case where the judgment is rendered simultaneously with the crime for which the judgment becomes final