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(영문) 대구지방법원 김천지원 2017.05.17 2016고단1927
아동복지법위반(아동유기ㆍ방임)
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants are married parents, the victims C(10) and the victims D(8).

1. Defendant B, at the home of the Defendant’s home located in Kusi-si, Sinsi on October 25, 2016, left home with the victims left home, and did not return home for about 10 days from that time.

Accordingly, the defendant abandons a child under his protection and supervision or neglected basic protection, rearing, medical treatment and education including food, clothing and shelter.

2. On October 25, 2016, Defendant A worked at the Defendant’s home as described in the foregoing paragraph 1, but became aware of the Defendant’s departure from the Defendant’s wife B, as described in the foregoing paragraph 1, and the Defendant did not return home without leaving the victims only.

Accordingly, the defendant abandons a child under his protection and supervision or neglected basic protection, rearing, medical treatment and education including food, clothing and shelter.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to C and D;

1. A response to a request as a result of the on-site investigation, a primary on-site investigation report, and a secondary on-site investigation report;

1. An interview with victimized children;

1. With regard to the details of receipt of a report, the application of Acts and subordinate statutes to the investigation report (in relation to telephone surveys and field surveys of specialized child protection agencies);

1. Defendants of relevant legal provisions concerning criminal facts: Articles 71(1)2 and 17 subparag. 6 of the Act on the Place of Child Uniforms and the choice of imprisonment, respectively.

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants who observe the order of protection, observe and attend the lecture: Reasons for sentencing under Article 62-2 of each Criminal Act, Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse [the scope of recommendation] [the scope of punishment]] under Article 2 of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse, the basic area (from June to one year and six months) [the decision of sentencing] [the decision of sentence] [the Defendants abandons the victimized children by leaving the country only with their children who are children and leaving the country, and failing to return home, and thereby neglecting the victimized children, and the form and contents of the crime.

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