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(영문) 인천지방법원 2018.12.06 2018고단5100
실종아동등의보호및지원에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall protect a missing child without filing a report with the head of the police office without justifiable grounds.

Nevertheless, from December 25, 2016 to January 16, 2017, the Defendant protected D (13 years of age), E (13 years of age), and E (13 years of age), a missing child, who had been paid at a singing room through the branch of Michuhol-gu Incheon Metropolitan City, without reporting to the head of the police office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes on particulars of provisional withdrawals; and

1. Articles 17 and 7 of the Act on the Protection and Support of Missing Children, etc., who are missing under the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act include a majority of the penalties imposed on the same kind of fine, but there are no criminal records or suspended sentence, and reflects the fact that the defendant, while protecting the missing children, did not engage in any conduct for them, the period of protection does not expire, other factors such as the motive and background of the crime, the character and conduct of the defendant, the environment, etc.

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