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(영문) 인천지방법원 2018.08.30 2018고단3370
아동복지법위반(아동유기ㆍ방임)
Text

A defendant shall be punished by imprisonment for six 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.

As C's pro-friendly money, the Defendant gave birth to the said C at the Gocheon University Hospital No. 774, 774, Namdong-gu, Incheon, Nam-gu, Incheon, and did not take any particular medical measures and report of birth.

As a result, the Defendant neglected the basic protection, rearing, and treatment for a child under his protection and supervision.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for an investigation request and ad hoc measures by specialized institutions for children of Incheon South-North Korean, the summary of criminal facts, and the application of statutes requiring ad hoc measures;

1. Article 71(1)2 of the relevant Act and subparagraph 6 of Article 17 of the former Child Reinstatement Act (Amended by Act No. 14925, Oct. 24, 2017);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. The grounds for sentencing under Articles 8(1) and 8(2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses by Ordering Education [the scope of recommendations] and the general standards for the punishment under Article 8(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes by Ordering Education and the mitigated area (two months to one year), and the mitigated area (two months to one year), (the special mitigated person] (the motive and details of the crime, the character and conduct of the defendant, the environment, the relationship of criminal records, etc.

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