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(영문) 수원지방법원 평택지원 2017.04.26 2016고단543
아동복지법위반(아동방임)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 9, 2009, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. in the early branch of the Chuncheon District Court on July 9, 2009, and was released on July 30, 2010 during the execution of the sentence, and the parole period expired on October 7, 2010.

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.

On May 18, 2011, the Defendant entered the first grade of D elementary school located in Pyeongtaek-si C to allow the victim B (here, her husband, May 1, 2003) who is his/her friendship, to enter the elementary school. The Defendant prevented the victim from sending the victim to the elementary school without justifiable grounds for economic difficulties between around four years from October 4, 2012 when the victim was enrolled in the second grade and half of D elementary school to January 2016.

Accordingly, the defendant neglected the education of the victim under his protection and supervision.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for B and E;

1. A letter of urging or warning for attendance;

1. A written confirmation as to whether the student is absent;

1. Current status of personal reservation;

1. Previous convictions in judgment: Application of inquiries, circulars, and Acts and subordinate statutes on personal acceptance;

1. Article 71 (1) 2 and Article 17 subparagraph 6 of the Act on the Punishment of Children and Child Uniforms, of which the crime is committed;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is highly likely to be criticized for a case where the defendant committed an act of neglecting the victim, who is his/her father, to an elementary school for a long time. However, except an act of neglecting the above education, it does not seem that the defendant abused or intentionally neglect the victim, the life of the defendant and his/her family relationship also constituted a certain factor for the crime of this case, and the defendant's criminal history, family relation, and circumstances leading to the crime of this case.

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