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(영문) 서울서부지방법원 2019.07.10 2019고단1387
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From December 4, 2018 to December 28, 2012, the Defendant committed an act of neglecting basic education for children under his protection and supervision, such as not having the victim B (the victim B) (the child of 8) attend the school without permission, and not having the victim C (the victim C) attend the school without any justifiable reason from December 3, 2018 to December 28, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Current status of each request for investigation and each individual decision;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of the current status of call-up by a victim child B);

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. Grounds for sentencing under Article 8 (1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;

1. The scope of recommendations according to the sentencing guidelines (decision of types of punishment), the general criteria for abandonment and abuse of [Type 2] of heavy organic or abuse [the scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, six months to one year and six months;

2. It is highly likely to criticize not sending victimized children to schools without permission, who should be examined by the defendant of the decision of sentence.

However, the punishment as ordered shall be determined by taking into account all the various factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and method of committing a crime, and circumstances before and after committing a crime.

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