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(영문) 서울남부지방법원 2018.11.28 2018고단763
아동복지법위반(아동유기ㆍ방임)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who resides together with the victim B (C.) and the victim D (E)'s friendship, and the victims.

No person shall neglect the basic protection and rearing, including food, clothing and shelter, for a child under his/her protection and supervision.

Nevertheless, from August 2014 to around March 7, 2016, the Defendant, while living with the victims in and around the Gangseo-gu Seoul Metropolitan Government F, started to store waste in the same way and did not clean waste outside and outside the residence where the victims and the victims live. As such, the Defendant committed an act of neglecting the basic protection and rearing necessary for the victims to healthy and safe growth due to the form of harmful animals, such as malodor and rats, etc.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. An investigation report (a summary of cases of victimized children and attaching data on protection status);

1. Stenographic records;

1. Application of statutes on site photographs;

1. Article 71(1)2 and Article 17 subparag. 6 of the former Child Reinstatement Act (Amended by Act No. 14925, Oct. 24, 2017); Articles 71(1)2 and 17 subparag. 6 of the same Act regarding criminal facts; Articles 71 subparag. 2 and 17’s choice of imprisonment

1. Article 62 (1) of the Criminal Act on the suspended execution;

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