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(영문) 서울남부지방법원 2016.07.13 2016고단1264
실종아동등의보호및지원에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall protect a missing child, etc., who has been deserted from his/her guardian for reasons, such as leaving home without justifiable grounds, without filing a report thereon with the head of the police office.

Nevertheless, on March 2, 2015, the Defendant provided D (here, 15 years of age) a missing child, who was released from the office located in the Seo-gu, Seo-gu, Busan, Seo-gu, Seoyang-gu (hereinafter referred to as the “Seosan”) to a boarding house without justifiable grounds, and provided D as a boarding house for 411 of the Gangseo-gu Seoul, Gangseo-gu, Seoul, E public notice, for almost every day, for the period of 27 days from the 28th day of the same month, such as: (a) a missing child who was released from the office located in the Dong-gu, Seo-gu, Busan; and (b) a missing person was found to have a sex relationship with D

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on the details of using a self-paid card;

1. Article 17 and Article 7 of the Act on the Protection of and Support for Missing Children, etc. who are subject to the relevant criminal facts and the selected punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant must take measures such as returning D, a missing child born as an adult, to home or reporting to the head of the police office. However, even though D, having a sex relationship with the above missing child who was not older than 15 years old with accommodation, and found D several times.

Although a decision not to institute a prosecution was made on the charge of sexual assault, etc. which was originally filed for a complaint, the nature of the crime in the instant case alone is not weak.

However, it is advantageous to the fact that the defendant makes a confession of his mistake and reflects against himself, that there is no past history of criminal punishment before, and that the sentencing conditions shown in the records and arguments are integrated into the sentencing conditions specified in the text.

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