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(영문) 광주지방법원 2017.04.19 2017고단844
아동복지법위반(아동유기ㆍ방임)
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the guardian of the victim as the father's mother under the victim B (son, 14 years of age).

No person shall commit any physical abuse against a child, which may injure the child's body, or injure physical health and development of the child, emotional abuse that may injure the mental health and development of a child, abandon a child under his/her protection and supervision, or neglect the basic protection, rearing, medical treatment and education, including food, clothing and shelter.

Around April 15, 2015, the Defendant moved the victim to Seoul D elementary school while moving the victim to Shicheon-si, but from June 15, 2015 to February 29, 2016, the Defendant was absent from school due to not attending school for 101 days. Around March 2016, the Defendant moved to school under the Mara 102 of Gwangju Mine-gu, and resided with the victim while living in the house together with the victim, and did not store the snow site and clean waste in the house, and neglected malodor, such as bad condition, and dangerous condition, such as rara, and the rari door, caused the victim to be absent from school for 26 days from March 1, 2016 to October 5, 2016, and caused the victim to be absent from school without permission for 14 days without permission.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A photograph of a father who has issued a warning to encourage attendance of a student in absence for a long time, a warning to require attendance, a list of those who have been granted compulsory attendance in 2015, a list of those who have been granted compulsory attendance in 2015, a management document outside the prescribed number of personnel, a personal release status, a counseling register, a written conversation and a photograph;

1. Copy of the current status of personal stay;

1. Inquiry of the absent person;

1. A place for counseling;

1. The place where the service is provided;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 71 (1) 2 and 17 subparagraph 6 (including Article 71 subparagraph 6) of the Act on the Place of Child’s Punishment and Selection of Imprisonment with prison labor;

1. Article 62(1) of the Criminal Act:

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