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(영문) 서울동부지방법원 2013.08.28 2013고단1030
아동복지법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

, however, from the date when this judgment has become final.

Reasons

Punishment of the crime

1. The Defendants are legal couple, and D is the father and mother of the victim E (F) as the father and wife of Defendant B.

From early April 2013 to May 18:40, 2013, the Defendants knowingly known that, in the G car located on the Ynandong of Songpa-gu Seoul Metropolitan Government and the G car located on the street of Defendant A, the inside of the supporting vehicle with garbage, excreta, excreta, etc. is serious, as well as that the inside of the supporting vehicle was living together with the opening six-months, the Defendants neglected the victim who was in charge of protecting and fostering D for about one month, while being aware that it could not be an environment in which D could normally protect or rear the victims who were living together with the opening.

The Defendants conspired to abandon the victim, who is a child under their own protection and supervision, or neglect the basic protection, rearing, medical treatment and education including food, clothing and shelter.

2. On May 1, 2013, Defendant B: (a) around 18:40 on May 1, 2013, around 18:1, 2013, ten police officers, including JJ of the I police box affiliated with the I police box, the police officer KK, etc., who was called out after receiving a report of child abuse; (b) confirmed on the spot the details of the report; and (c) threatened the Defendant with spreading food on the vehicle with the police officers, such as the above K, etc., who attempted to arrest a flagrant offender due to the suspicion of violating the Child Welfare Act.

The Defendant carried dangerous objects as above and interfered with the police officers’ legitimate performance of their duties concerning their duties of reporting and withdrawal.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Each legal statement of the witness K and J;

1. Protocol concerning the examination of suspects of D by the prosecution and the police;

1. Statement of each police statement on L/M;

1. Application of Acts and subordinate statutes to the investigation report (componating video files at the time of criminal conduct);

1. The Defendants of the pertinent legal doctrine regarding criminal facts: Article 71(1)2 and Article 17 subparag. 6 of the Child Welfare Act; Article 30 of the Criminal Act: Articles 144(1) and 136(1)1 of the Criminal Act.

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