A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

From May 2004, the Defendant is a person who protects and supervises the victims, such as the adoption of the victims C (n, 11 years of age) and rearing them.

On March 1, 2012, the Defendant: (a) admitted the victim to the E Elementary School located in Naju-si; (b) admitted the victim to the E Elementary School located in Naju-si; and (c) did not have the victim attend an elementary school, which is a compulsory educational institution, on the ground of religious faith from April 2012 to August 2016.

Accordingly, the defendant was neglected the education of the victim, who is a child under his protection and supervision.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police officer in F and G;

1. Investigation report (a copy of the C living record);

1. Application of Acts and subordinate statutes to an educational institution’s written opinion on the propriety of the home-schooling for children of long-term attending school;

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. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The Defendant asserts that the Defendant did not send the victimized child to an elementary school due to the health reasons of the victimized child, etc., and that it did not neglect education due to any justifiable reason, such as Home Schooling.

2. Determination

A. Article 17 subparag. 6 of the Child Welfare Act prohibits “abandoning a child under the protection and supervision of his/her own identity, or neglecting the basic protection, rearing, medical treatment and education, including food, clothing and shelter”.

However, Article 8 (1) of the Framework Act on Education provides that "Compulsory education shall be elementary education for six years and secondary education for three years," and Article 8 (2) provides that "All citizens shall have the right to receive compulsory education under paragraph (1)." Furthermore, Article 13 (1) of the Elementary and Secondary Education Act provides that "All citizens shall have the right to receive the compulsory education under paragraph (1)."