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(영문) 서울북부지방법원 2019.09.26 2019고단1621
존속유기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The defendants are children of victims B (the age of 83).

Since 2013, the Defendant lived together with the victim at the home of Seongbuk-gu Seoul apartment and D victim.

The victim was notified by the 119 first responder on the same day that the victim was under the condition of wearing a urine in the clothes due to surgery for removal of kidne and old age, and the flag was inconvenienceed. On June 7, 2018, the victim was under the condition that he was under the conditions that he was under the care of the victim, such as being used before the flag on the flag, etc.

In such cases, the defendant, who is a lineal descendant of the victim, provided appropriate meals by examining the status of the victim, received hospital treatment, or took measures to ensure convenient medical care in the house or other facilities, and had a legal obligation to care and protect the victim.

Nevertheless, on June 7, 2018, the Defendant used the victim at around 22:25, and thus, the 119 rescue team was dispatched to the neighbor's report that confirmed whether he was fine, and the 119 rescue team stated that it is necessary to transfer the body and hospital to the victim, but refused the transfer of the body and hospital after activeness. From around that time to June 19, 2018, the Defendant did not provide meals to the victim to the victim, and did not look at the victim, such as not waiting for the hospital and not checking the condition of the victim only once.

Accordingly, the defendant abandons his lineal ascendant in need of assistance due to the old or disease.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (to hear F business G telephone statements);

1. Investigation report (the party investigation of the victim's wife H)

1. A report on internal investigation;

1. Report on internal investigation:

1. A report on internal investigation (the details of examination and treatment at the latest hospital), - A copy of medical records;

1. Report on internal death (as to the enemy's death)

1. Domestic investigation reports, emergency medical services logs, and certificates of refusal to transport;

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