A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[2017 high group 16] 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.

The Defendant, for a total of 28 days from November 25, 2016 to February 15, 2017, when protecting and supervising the victim D (9 years) who is one’s own child in his/her own residence located in Dongdaemun-gu Seoul, Dongdaemun-gu C and 301, did not send the victim to the school without justifiable grounds, and neglected the victim’s education.

[2018 high group 2095] 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.

The Defendant, for a total of 130 days from March 1, 2017 to December 7, 2017, while protecting and supervising the victim D (10 years of age) who is a child in the residential area of Dongdaemun-gu Seoul Metropolitan Government C and 301, did not send the victim to the school without justifiable grounds. On March 2018, the Defendant did not re-register the victim to the school, and did not send the victim continuously to the school without justifiable reasons, thereby neglecting the education of the victim.

Summary of Evidence

[2017 Highest 1676]

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. D’s statement CDs;

1. Investigation reports (to attach records on matters brought about by the victim's school);

1. Investigation report (receiving a written request for investigation by a specialized child protection agency);

1. Investigation report (Listening to the statements of social welfare staff in charge of victimized children);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Submission of counseling materials and written opinions on child science substitute cases;

1. Application of video recording CD-related Acts and subordinate statutes;

1. Relevant legal provisions, Article 71 (1) 2, and Article 17 subparagraph 6 of the Act on the Punishment of Children and Child Uniforms, and Article 71 (1) 2, and Article 17 of the same Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.