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(영문) 대전지방법원 서산지원 2019.07.18 2018고단866
아동복지법위반(아동유기ㆍ방임)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a child of the victim B (a family name and a child of the age of one), who is obligated to protect, rear, and educate the victim.

Nevertheless, the Defendant did not perform an essential vaccination even though he gave birth to the victim at C, and did not report the birth until August 30, 2018, and neglected the basic protection, rearing, medical treatment, and education, including food, clothing, and shelter for the victim, and neglected the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Visits to suspect's residence);

1. A report on internal investigation (Attachment to a report on the result of emergency measures);

1. Reporting on the results of emergency measures against abused children, and written request for medical treatment;

1. Application of the Acts and subordinate statutes to report internal investigation (a photograph taken at the time of field investigation);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines (a decision of type), and arrest, confinement, abandonment, or abuse;

(a) The general standard (type 2) that there is no serious organic or abuse (a) [the scope of the recommendation field and the recommended range] basic area, six months to one year and six months;

2. In full view of all the sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of a crime, etc., the sentence shall be determined as ordered, taking into account the following factors: (a) the fact that the Defendant appears to recognize and reflect the mistake of the Defendant; (b) the victim is currently separated from the Defendant; (c) the Defendant appears to have intellectual disability; and (d) the primary offender appears to have

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