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(영문) 청주지방법원 2016.09.29 2016고단1557
아동복지법위반(아동방임)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

[criminal history] On March 11, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Cheongju District Court’s Assistance, and the judgment became final and conclusive on July 29, 2016.

[Criminal facts] 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.

When the Defendant was designated as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes on July 19, 2013, the Defendant attempted to live together with the victimized children without sending them to schools despite the age of attending the elementary school C (the birth of February 2007) and D (the birth of December 2008) of victimized children (the birth of December 12, 2008).

1. The Defendant committed the crime against victimized children C did not send the victimized children to the elementary school even though the victimized children C had an age to attend the elementary school from March 2014 to January 2016, and was in educational neglect.

2. The Defendant did not send a victimized child D to an elementary school even though the victimized child D had an age to attend the elementary school from March 2015 to January 2016, and was in educational neglect.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A list of unclaimed children whose residence is unknown for the school year 2015;

1. A report on investigation (Attachment of a statement of opinion of a specialized child protection agency), and a statement of opinion from the F;

1. Previous records: Investigation report (verification of the progress of separate trials against a suspect), investigation report (verification of the confirmation of the fact of separate trials), copy of each judgment, and application of Acts and subordinate statutes;

1. Article 71 (1) 2 and subparagraph 6 of Article 17 of the Child Uniforms Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act or more of the suspended execution;

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