A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

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.

On June 7, 2005, the Defendant married with the nationality B, and gave birth to the Victim C (8 years) on September 9, 2006, and around February 16, 2015, the Defendant was at the Child Protection Center of the Republic of Korea as the only guardian of the victim and was obligated to protect the victim as the sole guardian of the victim.

Nevertheless, around April 17, 2015, the Defendant abandoned the victim, who is a child under his/her protection and supervision, by leaving his/her house in his/her place of residence in Seo-gu Incheon, Seo-gu, Incheon, and A 103.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Domestic death reports (emergency measures against child abuse);

1. Application of statutes to field surveys;

1. Relevant Article of the Act and Article 71 (1) 2 and subparagraph 6 of Article 17 of the Act on the Place of Child’s Reinstatement of Punishment for the Crime (or Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. There is no basic area (from June to one year and six months) of the sentencing criteria (special sentencing factors) for the types of two types (serious abandonment and abuse), including the application of the sentencing criteria [the scope of the recommended punishment] period and the general criteria for abuse;

2. The crime of this case committed by the defendant who has a significant impact on the mental health and development of the victim, who is a child, is highly likely to be criticized, and the defendant gives birth to and raises the child between another male and has no record of punishment exceeding the fine, and the defendant's age, occupation, sex, environment, circumstance and motive leading to the crime of this case, and circumstances before and after the crime, etc. shall be comprehensively considered to determine the same sentence as the order.