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The punishment of a defendant shall be eight months.
The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall be allowed to neglect the basic education of a child under his/her protection and supervision.
On March 4, 2013, the Defendant did not send the Defendant’s home located in Gangnam-gu Seoul Metropolitan Government C and 201, on the ground that the Defendant’s body was inconvenient, etc., and did not send the Defendant’s friendship D (12 years old) who was attending the Seoul Western Elementary School at the time of his fostering, and did not send it to the elementary school and the middle school from March 25, 2016 to the elementary school and the middle school, thereby preventing the Defendant from receiving education.
The Defendant neglected the basic education of the victim D, who is a child under his protection and supervision.
Summary of Evidence
1. Part of the defendant's oral statement;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with respect to E and D;
1. Application of the statutes on dispatch of a summary of child case;
1. Article 71 (1) 2 and Article 17 subparagraph 6 of the Act on the Punishment of Children and Child Uniforms, of which the crime is committed;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Determination of punishment under Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;
1. The sentencing criteria recommended: Imprisonment with prison labor for up to six months and up to one year and six months;
2. Determination of punishment: It shall not recognize any error or its responsibility properly.
Appellants are different for reasons that are difficult to be deemed reasonable.
However, other protection or rearing for victimized children has been brought up, and the victimized children are not punished for the accused.
It is well-known that the victimized children return to the protective facility.
There is no criminal history.