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(영문) 창원지방법원 마산지원 2016.05.04 2016고단200
아동복지법위반(아동방임)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

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.

However, the Defendant, from December 11, 2013 to February 3, 2016, protected and supervised the victim C(D) who is an son from the former Sogjin-gu B, 401, etc. in the former city, and committed an act of neglecting the education of the victim without sending the victim to the school to urge the repayment of the Defendant's obligations and avoid police investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of E prepared by the police;

1. Report on internal investigation (limited to attachment of A residential photographs);

1. A report on internal investigation (in addition to a report on the result of determination of child abuse by a specialized agency for child protection in Gyeongnam-do);

1. Application of Acts and subordinate statutes as a result of joint inspection of children absent from elementary schools;

1. Relevant Article of the Act and Article 71 (1) 2 and subparagraph 6 of Article 17 of the Act on the Place of Child’s Reinstatement of Punishment for the Crime (or Selection of Imprisonment);

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Article 62(1) of the Criminal Act (the fact that his/her mistake is recognized and reflected, the fact that there is no record other than once a fine is imposed, and

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