A defendant shall be punished by imprisonment for a term of one year and two 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.

Criminal facts

On April 6, 2016, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for special intimidation at the Busan District Court on April 6, 2016, and the judgment was finalized on April 15, 2016.

As a friendship of the victim C (13) of the victim, the defendant shall not abandon the victim who is a child under his/her protection, or neglect the basic protection, rearing, medical treatment and education, including food, clothing and shelter.

Nevertheless, the Defendant neglected the education of the victim, who is a child, by failing to send the victim who was in the fifth grade of the elementary school at the time, to the school in order to avoid tracking the investigation agency, since the Defendant, at the time of raising the victim from around April 28, 2014 to January 26, 2016, received several times due to the unpaid fines, and thereby neglecting the education of the victim, such as failing to send the victim who was in the fifth grade of the elementary school at the time to the school.

Summary of Evidence

1. Statement by the defendant in court;

1. Requesting a long-term absence of school to investigate such children;

1. Family relation certificate;

1. As to the report of internal investigation (as to C and A's location):

1. Reports on internal investigation (the results of detection of a type D counterpart to C) (the results of detection of a location);

1. A copy of the counseling record book;

1. Correspondence to a written investigation prior to decision;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to judgment);

1. Article 71 (1) 2 and Article 17 subparagraph 6 of the Act on the Punishment of Children and Child Uniforms, of which the crime is committed;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 8(1) and Article 8(2) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses by Ordering to Attend, comprehensively taking into account the background, method and period of neglecting education for the reason of sentencing, and the content of treatment of victimized children during the period of crime, etc., the sentence identical to the order was determined.