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The prosecutor's appeal is dismissed.
Reasons
1. The “justifiable cause” under Article 7 of the Act on the Protection and Support of Missing Children, Etc. (hereinafter “missing Children’s Act”) should be construed as “limited to cases where there are objective circumstances where a person cannot be responsible for failing to fulfill his/her duty to report,” and the charges against the Defendant should be found guilty insofar as the Defendant’s act is not included therein.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged is that the Defendant: (a) was a person operating a celebrative and cultural institute with the trade name of “E” in Daejeon Jung-gu, Daejeon; and (b) was aware of having attended the said institute for about three months from August 2015 to around 3 months from the date when he/she went to the said institute.
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 released from the vicinity of a mutual influorial bath located in Chungcheongnam-gun G, Chungcheongnam-gun, the Defendant: (a) went to the aforesaid “E”; (b) Music Institute; (c) the office located in Incheon Bupyeong-gu; and (d) Jel, etc. located in Daejeon-gu I; and (c) on December 12, 2016, the Defendant protected F from the police office until December 13, 2016, by failing to comply with the order of the suspension of the police’s vehicle while driving the patrol vehicle on board the vehicle; and (d) on the contrary, the Defendant did not comply with the order of the suspension of the police’s vehicle while driving the vehicle on the vehicle at the Seo-gu, Daejeon-gu, Daejeon; and (e) did not file a report with the head of the police office without justifiable grounds until December 11:05, 2016.
B. The lower court found the facts as indicated in its reasoning and found the Defendant not guilty on the grounds that there was no proof of criminal facts for the following reasons.
① The phrase “justifiable cause” referred to in Article 7 of the Act on the Missing of Missing Children is not limited to extreme cases, as alleged by a prosecutor.
② Comprehensively taking account of the circumstances indicated in the judgment, the instant case.