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(영문) 광주지방법원순천지원 2020.09.16 2020고단623
아동복지법위반(아동유기ㆍ방임)
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

Criminal facts

The defendant is a person who protects and supervises victims as a mother of the victim B (n't, 11 years old), C (n't, 10 years old), D (n't, 6 years old).

On November 2, 2019, at around 09:00, the Defendant left the above residence of the victims on the ground that the Defendant and the victims under the ESF located in the military, Simsan-si, Simsan-si, and on the ground that there was a dispute about the birth of the former husband’s father G and the victims, left the above residence, and left the residence of the victims until the investigation was conducted by the Province Child Protection Agency around the 5th of the same month.

Accordingly, the defendant abandons his child under his protection and supervision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation (report on the monetary details of the victimized child's father);

1. Preparation and reporting of each record - stenographic records (B, C, D), processing records of reported cases, marriage certificates, resident registration record cards, and certified copies and abstractss of resident registration record cards;

1. Article 71 (1) 2 of the Child Welfare Act and Article 17 subparagraph 6 of the same Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. An act of a defendant who is responsible for protecting and raising victims with the mother of the victims on the grounds of sentencing under Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse Crimes is liable as an act impeding harmonious growth and development of victims.

In addition, the victims are aware that they were repeatedly abandoned from the "morma", and the victims live without the protection of the victims due to the defendant'sless behavior, and first, the son, who is the son, seems to be under a burden that is difficult to cope with her age, such as reporting the her birth and taking care of it as soon as possible, etc.

However, there are circumstances to consider the circumstances leading to the crime of this case, the defendant currently raises victims, and the victims in the future.

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