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(영문) 수원지방법원 평택지원 2018.01.10 2017고단406
아동복지법위반(아동방임)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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.

The defendant is the mother of the victim B(17).

On March 5, 2015, the Defendant neglected the victim, who is a child under his/her protection and supervision at D’s house located in Pyeongtaek-si apartment C apartment 102 Dong 106, and did not enter the house from around 10 months until January 5, 2016, and neglected the basic protection, rearing, treatment, and education of the victim, including food, clothing, and shelter.

Accordingly, the defendant was deprived of the victim who is a child under his protection and supervision.

Summary of Evidence

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

1. Statement made by the police with regard to B (including D parts);

1. Application of Acts and subordinate statutes on criminal investigation request;

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. The period of leaving a victimized child on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is relatively long, the circumstances after the commission of the crime are not good, and all other circumstances, including the criminal history, age, sex, environment, motive of the crime, sentence of the prosecutor (two years of suspended sentence for one year) are taken into account;

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