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

Defendant

A person who has divorced from his spouse in May 2018 as the father-child of the victim B (son, 7 years of age) and who protects and supervises the victim.

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 August 2018, the Defendant resided with the victim in the building C and D in Jinju-si, and did not clean up the victim without properly doing so, and thereby, was negligent in protecting the victim’s child by bringing up the victim under malodor, conducting a field investigation and investigating at the specialized child protection agency, etc., while neglecting the protection of the victim’s child from February 28, 2019 to 19:30 on the same day, the Defendant left the victim’s house and left the house alone for about 12 hours.

As a result, the defendant neglected the basic protection, rearing, medical care and education for the victims who are children under his protection and supervision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Two video recordings of the victim and the intermediary report;

1. Case outline and marriage relation certificate;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 13, 16, 17 of the evidence list);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) No serious organic or abuse [Type 2] (a) (a person who has been specially punished] (a) basic area; (b) six months to one year; and (c) six months;

2. The decision-making of sentence appears to have neglected the victimized child due to the degree of neglecting the victimized child, divorce and economic difficulties, the appraisal of the victimized child against the accused, and the defendant's future economy.