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(영문) 대전지방법원 천안지원 2018.09.14 2018고단640
아동복지법위반(아동학대)
Text

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

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

Reasons

Punishment of the crime

No person shall abandon a child under his/her protection and supervision, or neglect the protection, rearing, medical treatment and education, including food, clothing and shelter.

1. On October 6, 2016, the Defendant committed the crime at around 20:40 on October 6, 2016, and from around 20:40 to around 22:19, the Defendant committed an act of neglecting the custody of victimized children by leaving only the Defendant’s victimized children D (n, 3 years of age), E (n, 2 years of age), and F (3 months) (n, 3 years of age), which are the Defendant’s children, as the Defendant’s children from around October 6, 2016 to around 30:19.

2. On October 6, 2016, the Defendant committed a crime around 23:5 on October 6, 2016, committed an act of neglecting the custody of the victimized child by leaving only the victimized child in the said place from around 23:5 on October 6, 2016 to October 7, 2016 and neglecting to care for the victimized child for 5 hours and 33 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. On-site report (CCTV image data);

1. On-site reports (CCTV image analysis);

1. 112 A list of reported cases;

1. Case summary

1. A statement of determination on child abuse;

1. Family relation certificate and resident registration certified copy;

1. On-site photographs;

1. Application of Acts and subordinate statutes to CCTV creation photographs;

1. Article 71(1)2 and subparagraph 6 of Article 17 of the former Child Uniforms Act (amended by Act No. 14925, Oct. 24, 2017) regarding criminal facts and the former Child Uniforms Act (amended by Act No. 14925, Oct. 24, 2017)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 8 (1), (2), and (3) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] organic abuse, general standards, and the absence of the two types (serious organic abuse) [the scope of the recommended punishment] [the scope of the recommended punishment] basic area, the term of imprisonment with labor for not less than six months, but not more than one year and six months;

2. In this case, the defendant left three children, including those who have been born for three months after the birth, at the home without a long guardian, and the punishment for the crime is minor.

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