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(영문) 대구지방법원 2017.05.25 2017고단1708
아동복지법위반(아동유기ㆍ방임)
Text

A defendant shall be punished by imprisonment for not less than eight 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 basic protection, rearing, medical treatment and education, including food, clothing and shelter.

Despite the fact that the Defendant, as a father-child of the victim C (V, 13 years old), was in the care guardian for healthy and safe rearing of the victim, the Defendant left the victim in his/her residence located in Daegu-gu Dong-gu, Daegu-gu, from January 2016 to November 30, 2016, and did not protect and rear the victim, including his/her food and clothing, while leaving the house in his/her residence in Gangwon-do-do, and without paying his/her living expenses, he/she did not protect and rear the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Each internal investigation report (in relation to the attachment of counseling logs to the family support center for the Daegu disabled, the attachment of counseling logs to the victim middle school, the confirmation of casino entry records to the accused party, and the application of statutes on the analysis of monetary records) and investigation reports (in relation to the analysis of monetary records);

1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 6 of the Act on the Place of Punishment for Children and the Selection of Imprisonment with prison labor for the crime;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Offenses [the scope of recommendations] [the scope of recommendations]] the basic area (6 months to 1 year and 6 months] (the person subject to special sentencing] (the judgment of sentence]] of the basic area (6 months to 1 year and 6 months] [the decision of sentence] of the defendant neglected his minor children for a long time, thereby neglecting his/her minor children, thereby neglecting the basic protection and rearing including food, clothing, etc., the crime is not good in light of the period, form, and content of the crime.

However, the fact that the defendant reflects his mistake, that the victim does not want the punishment of the defendant, and that the damaged person lives normally at the protective agency.

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