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(영문) 청주지방법원 2017.10.24 2017고합221
실종아동등의보호및지원에관한법률위반
Text

The defendant is not guilty, and the summary of the above judgment is publicly notified.

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) the prosecutor sought a one-year sentence of imprisonment against the Defendant on the grounds of Articles 17 and 7 of the Act on the Protection and Support of Missing Children, Etc. (hereinafter “Judicial Child Act”); and (b) the summary of the facts charged in the instant case is as follows.

The Defendant, as a person operating a mutually celebrative research institute, “E” in Daejeon-gu, Daejeon-gu, is between the following persons: “E” and the missing child F (V, 17 years of age) who went through the said private teaching institute for about three months from August 2015, and became aware of them.

No person shall protect a missing child, etc. without any justifiable reason without reporting to the head of the police agency.

Nevertheless, around 14:00 on December 5, 2016, the Defendant sent the above F, a missing son, who was abandoned from his guardian H, going to a nearby a mutual influorial bath located in Chungcheongnam-gun G, Chungcheongnam-gun, the Defendant protected the said F, without any justifiable reason, by not later than December 13, 2016, including, but not limited to, reporting to the head of the police office until December 13, 2016, the music institute, the office located in Incheon Bupyeong-gu, Busan, Busan, and the Jel, etc. located in Daejeon-gu I. On December 12, 2016.

2. Determination

A. The principle of presumption of innocence and the basic principles accordingly are constitutional principles that the defendant is presumed innocent, and such principles are fully employed in criminal litigation law.

Therefore, all the burden of proof for the criminal facts prosecuted in a criminal trial shall be borne by a prosecutor, and the recognition of such criminal facts shall be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt, so the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction.

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