A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

The defendant is the father and mother of the victim B (son, 11 years of age).

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 June 26, 2018, the Defendant left the United States without taking any protective measure against the victim at the residence of Gangnam-gu Seoul Building D, and left the Republic of Korea as a mixed person, and went into the United States around August 8, 2018, and neglected to protect and rear the victim as his guardian for 44 days after entering the Republic of Korea on August 8, 2018.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police statement of B and E;

1. Police investigation report (child interview), police investigation report (child house visit), police investigation report (verification of the details of entry or departure of a suspect), the status of entry or departure of a suspect, police investigation report (person for reference telephone communications);

1. Application of Acts and subordinate statutes, such as a family relation certificate and a certified transcript;

1. Article 71 (1) 2 of the Child Welfare Act, Article 17 subparagraph 6 of the Child Welfare Act, the choice of punishment for an offense, and the choice of imprisonment with labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 8 (1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Aggravation area according to the sentencing guidelines: 6 months to 1 year and 6 months; and 2. The scope of recommendation [decision of type] according to the sentencing guidelines; the general criteria for arrest, detention, and organic abuse crimes; heavy organic abuse (type 2); and the scope of recommendation and recommendation];

3. The crime of this case by which the defendant, who is a minor of 11 years of age, left the United States and left the Republic of Korea, and neglecting the basic protection and rearing of the victims for 44 days after entering the Republic of Korea.