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(영문) 수원지방법원 성남지원 2017.03.10 2016고단4046
아동복지법위반(아동유기ㆍ방임)
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

B was pregnant with the baby of the defendant A living together on September 16, 2015, and the victim D was given birth to the "OOO childbirth" located in Gwangju City, Gwangju.

The Defendants thought that it is difficult for them to rear victims due to their age and marriage without marriage, and therefore, they were set up in a church that became aware of through Internet search. The Defendants attempted to abandon the victims to the "beebbb Park".

On September 18, 2015, the Defendants abandoned the victim (two days after the birth of the Defendants) from the “F church” located in the Sinpo-si E, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.

As a result, the Defendants conspired to abandon the victim who is a child under protection and supervision of the Defendants.

Summary of Evidence

1. Defendants’ respective legal statements

1. A G statement;

1. Qua;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to photographs of victims at the scene of occurrence;

1. Article 71 (1) 2 and Article 17 subparagraph 6 of the Act, Article 30 of the Criminal Act, applicable to the facts constituting an offense, each of the choice of punishment, and Article 71 (1) 2 and Article 71 of the Local Punishment Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Grounds for sentencing Article 8 of the Act on Special Cases concerning Punishment, etc. of Child Abuse Crimes committed by each order to attend a lecture;

1. [Scope of Recommendation] The basic area of Type 2 (limited to abandonment and abuse) (limited to a decision on the area of recommendation), the general criteria for arrest, detention, abandonment and abuse in six months to six months.

2. [General Sentencing] Reduction element: serious reflectivity or no record of criminal punishment;

3. [Scope of applicable sentences] statutory penalty: From one month to five years.

(d)[whether probation is suspended or not] Major reasons: positive - General reasons that have no record of criminal punishment: positive - social ties clearly - serious reflectivity - absence of criminal records of suspended execution or more.

5. [Determination of Sentence] Each of the above sentencing factors, the abandonment of a child without raising the child that became two days after the birth of the defendant is very serious as a parent, and the defendant seems to have an intention to raise the child up to now.

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