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(영문) 춘천지방법원강릉지원 2020.10.15 2020고단703
아동복지법위반(아동유기ㆍ방임)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the child of the victimized child B (n, 7 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.

Nevertheless, from February 22, 2020 to April 22, 2020, the Defendant abandoned a child under his protection and supervision, and neglected to provide basic protection and rearing, including food, clothing and shelter, while residing in a fluencies or below Incheon City, leaving the cudio D in the name of seeking jobs from March 22, 2020 to April 22, 202, while living in a fluencies or below Incheon City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The date and place of consultation, the investigation report (B) on the request for admission to a victimized child facility, and the video CDs;

1. Application of Acts and subordinate statutes, such as investigation reports (Attachment of stenographic records), stenographic records investigation reports (Attachment of a forwarding document), intermediary reports, investigation reports (verification of suspect's family relation certificates), and family relation certificates (A);

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 Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: One month to five years;

2. Scope of the recommended sentence according to the sentencing guidelines (a decision of type), and arrest, confinement, abandonment, or abuse;

(a) Aggravation factors of serious abandonment or abuse [Type 2] (Special Aggravations): Where the degree of abandonment or abuse is serious (in the area of recommendation and the scope of recommendation), the aggravated area, one year to two years of imprisonment;

3. Conditions disadvantageous to the decision of sentence: The defendant has neglected his/her father and wife who is mere seven years of age, for a period of two months or more, and his/her house has taken advantage of waste.

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