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(영문) 울산지방법원 2015.06.03 2014고단3971
아동복지법위반(아동학대)등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the violation of the Child Welfare Act (child abuse) is committed.

Reasons

Criminal facts

The defendant is the father and mother of the victim E (the second month after his/her birth).

No person shall abandon a child under his/her protection and supervision.

From February 2012, 2012, the Defendant, as her husband, was in a crisis due to the Defendant’s actual management of H of the machinery parts manufacturing company located in Ulsan G G, the Defendant, as her husband, and the Defendant was to directly operate the said company due to the unpaid employment insurance premium equivalent to KRW 500,00,000.

On the other hand, the defendant should look about the victim E, which is 2 months after his birth, and it is difficult for him to continuously rear the victim, and discussed the problem of allowing the victim to raise the victim to I, who is a machine, with F, but he did not have any opinion.

Therefore, the Defendant, around October 20, 2014, visited the victim and visited the I's house located in the J apartment in Ulsan-gu, Ulsan-gu, Seoul-do. However, the facts charged that the Defendant did not answer any question inside the house are stated as "any person in the house," but it cannot be ruled out that the Defendant's defense that he was aware of the existence of I in the house cannot be ruled out, and therefore, it is recognized as above.

In front of the entrance, the victim was placed in the front corridor.

The facts charged are not "I go to go to the court," but "I go to go to the court."

Accordingly, the defendant abandons the victim who is a child under his protection and supervision.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of F;

1. Statement of the police statement of I, K, L, and M;

1. Application of the victim E/ Photographs and each statute to the victim;

1. Article 71 (1) 2 of the Child Welfare Act and subparagraph 6 of Article 17 of the Child Welfare Act that applies to the relevant criminal facts and that of the choice of punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59 of the Criminal Act of the Suspension of Sentence

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