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(영문) 인천지방법원 2020.02.17 2019고단8798
실종아동등의보호및지원에관한법률위반
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall protect a missing child without reporting it to the chief of a police agency without justifiable grounds.

Nevertheless, the Defendant, around July 6, 2019, protected D (n, 14 years of age) who is a missing child, from the Goyang-gu Goyang-gu CPC bank located in Gyeyang-gu, Seoyang-gu, Incheon, on July 7, 2019, without reporting it to the head of the police office from that Si to July 15, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police about D (No. 13 of the evidence list);

1. Application of Acts and subordinate statutes to photographs on crime scene;

1. Article 17 and Articles 7 of the Act on the Protection of and Support for Missing Children, etc. who are in the position to commit the crime and Articles 17 and 7 of the same Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. was known to the Defendant, around June 28, 2019, and the Defendant lived with the offender until he/she is arrested as a flagrant offender on July 15, 2019 by entering into a contract with the police officer visiting D on June 29, 2019 and July 6, 2019.

It is not short that D's materials, which are actively used as a middle student, are concealed, and the period of protection of D is shorter.

In 2019, the defendant was punished by a fine for the same crime.

In light of this, the liability for the crime is not easy.

However, the defendant makes a confession of crime.

The defendant has yet to be aged and has no criminal record of the suspension of the execution of imprisonment with prison labor or any heavier punishment.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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