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(영문) 춘천지방법원 강릉지원 2014.09.04 2014고단612
아동복지법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

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.

The Defendant is the father and mother of the victim C (son and 3 years of age) and had been living in the East Sea from October 2, 2013 to raising the mixed victim. From February 2, 2014 to February 28, 2014, the Defendant sent the victim to the child care center while sending the victim to the child care center and taking the victim into account at the end of the week. As the child care center teacher of the victim was unable to rear the victim due to traffic accident, the Defendant was able to care the mixed victim at home from March 1, 2014.

On March 11, 2014, at around 12:00, the Defendant: (a) placed the victim in the above residence by being mixed; (b) opened the door and opened the house without having requested any person; and (c) neglected the victim for about six hours until E (Nam, 38 years of age) having discovered the victim, and neglected the victim’s consciousness, shelter, and care for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the legislation in its opinion;

1. Relevant legal provisions concerning facts constituting an offense and subparagraph 2 of Article 71 (1) and subparagraph 6 of Article 17 of the Child Welfare Act selection of punishment for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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