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(영문) 광주지방법원 2018.08.30 2018고정510
실종아동등의보호및지원에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From May 2017 to November 201 of the same year, the Defendant is a relationship with the victim C with a cadastral disability 3 with a view to living together with the victim C.

No person shall protect any missing child, etc. deserted from his/her internment person without filing a report thereon with the head of a police agency without justifiable grounds, such as leaving home or losing the way.

On December 24, 2017, the Defendant called “I wish to get home” from the victims with intellectual disability 3 in the p.m., and called “I wish to get home” through Dong-in, Gwangju Mine E-gu, one’s residence, and let the victim enter the building 206 of Gwangju Mine E-gu, one’s own residence, and around that time, from around 26:00 to around 13:00 of the same month, the victim remains in the above residence, and the mother of the victim who found the runawayd victim was the victim’s mother who did not have his residence.

Accordingly, the defendant protected the victim, such as missing children, without justifiable grounds, without reporting to the head of the police office.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement with respect to C and F;

1. A detailed statement of the processing of reported cases;

1. Photographs of the contents of the Stockholm currency;

1. Application of statutes governing certificates of persons with disabilities;

1. Relevant legal provisions concerning criminal facts and Articles 17 and 7 of the Act on the Protection and Support of Missing Children, etc. who are subject to the option of punishment.

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186(1) of the Criminal Litigation Act bearing the costs of lawsuit [the victim] served as an assistant nurse for nursing at a hospital from May 1, 2017 to June 8, 2017, from November 3, 2017 to November 17, 2017, and registered as a minor disabled person on February 20, 2018, which was after the instant case.

However, from the time of the victim's birth, the victim had a intellectual disability and received continuous medical treatment, and the defendant was given a loan under the name of the victim and talked that the victim would be able to do so unless the loan is made as a horse.

b) the Commission;

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