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(영문) 광주지방법원 2018.06.12 2017고단5791
아동복지법위반(아동유기ㆍ방임)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2018, the Defendants reported the birth to “H” according to the sex of Defendant A, who is the mother of the victim D on February 19, 2018 (the reference materials submitted by Defendant A’s defense counsel on May 1, 2018, 1, 2). (Inn, E) The parents of Defendant A were in a marital relationship.

Although the Defendants given birth to the victim by G Busan Nam-gu G women, the Defendants did not report the birth of the victim on the grounds that Defendant B had a legal spouse, and accordingly, the Defendants did not admit the victim to an elementary school, a medical educational institution, even though the victim reached the school age on March 2014.

As a result, the Defendants neglected the education of victims who are children under their protection and supervision.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to the police statement of I; 1. Requests for appraisal, and transmission of the results of education diagnosis and evaluation;

1. Each report on internal investigation (Evidence Records No. 13, 18 pages), report on internal investigation (verification of suspected persons and attendance of witnesses), internal investigation report, investigation report (specific suspect), and investigation report (as to the process of requesting genetic extraction and appraisal);

1. Application of Acts and subordinate statutes governing each family relation certificate, each resident registration card, resident registration card, and marriage-related certificate;

1. Relevant legal provisions concerning the facts constituting an offense, Article 71 (1) 2 and Article 17 subparagraph 6 of the Act on the Place of Child’s Reinstatement of Punishment, Article 30 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that the case is an educational neglect of the victimized child without the report of birth for the victimized child, and even though the nature of the crime is not good in light of the form and content of the crime, the Defendants led to confession of the crime and reflect the mistake, and the Defendants endeavor to educate the victimized child and to protect the victimized child.

In the case of Defendant A, Defendant A is the first offender, and Defendant B does not have any criminal record exceeding the fine, and other matters.

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