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(영문) 서울북부지방법원 2019.02.15 2018고합508
아동학대범죄의처벌등에관한특례법위반(아동학대치사)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

On October 18, 2018, at around 18:30 on October 12, 2018, the Defendant became aware of the fact that he/she was seated in a toilet changer in order to view the he/she was able to spherb, and that he/she was spherbing through a delivery at around 19:50 on the same day, and gave birth to the victim (at least 0 years of age, 33 weeks of pregnancy) as a changeer.

In such a case, the Defendant, as a lineal ascendant of the victim, has a duty to take the minimum measures necessary for direct survival or to leave the hospital immediately, such as removing foreign substances from the nose and the entrance by the side so that the victim who is born on the side can frighten down, and maintaining the body temperature properly at the time of changing the victim, etc.

Nevertheless, the defendant is unmarried illegal aliens in a foreign country, and it is not good in economic situation such as making a living with money once in cleaning or restaurant sites. Since the defendant is in a situation hedging with the male-child district in Mongolian nationality, the defendant left the victim in the above changing season for about 36 minutes without taking such measures on the ground that he/she does not have to care alone, thereby leaving the victim in the above changing season alone for about 36 minutes and leaving the victim at close lids, thereby causing death.

As a result, the Defendant committed a crime of child abuse, resulting in the death of a child who was a child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a disaster, a report on the body of a dead body, a written autopsy of a corpse, a written result of autopsy, a report on the results of field identification, on-site photographs, a autopsy report, a autopsy report, an appraisal report, a photograph related to autopsy, an appraisal report, or a statement on the results

1. Application of Acts and subordinate statutes to each internal investigation report (the verification of field CCTVs) (the internal investigation report (the attachment of the details of the report, the attachment of translations of the details of the report, the relative internal investigation of the dispatch and emergency medical service workers) and investigation reports (the verification of field CCTVs);

1. The relevant Article of criminal facts and the punishment for a crime of child abuse;

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