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(영문) 광주지방법원 2015.03.26 2015고단395
아동복지법위반
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

At around 04:10 on September 19, 2014, the Defendant, who was in the emergency room of the Jeonnam University Hospital located in the Dobong-gu, Gwangju Metropolitan City, gave birth to one of the children under his protection and supervision by leaving the infant in the mountain father and the delivery room of the same hospital at around 05:53 on the same day. On September 20, 2014, on the ground that there is no economic ability to nurture the baby at around 21:00 on September 20, 2014, the Defendant abandoned the child under his protection and supervision by leaving the infant in the newborn baby room and leaving the baby room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect examination of the prosecutor and the police accused in the protocol of 1 C and D;

1. Application of the Acts and subordinate statutes to the accusation site, on-site investigation, children's photographs, summary for release on admission and discharge, and nursing records;

1. Article 71 (1) 2 of the Child Welfare Act, Article 17 subparagraph 6 of the Child Welfare Act, the choice of punishment for an offense, and the choice of imprisonment with labor;

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

1. Probation, community service, and criminal punishment Article 62-2 of the Criminal Code, the defendant abandons her child born on the side so that the crime is not good.

However, considering the fact that the defendant was the first offender, and that there was no practical harm to him, and the welfare and maternity protection aspect of his child, it is judged as above in light of various sentencing conditions such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime.

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