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집행유예
(영문) 울산지방법원 2015.6.4.선고 2015고단533 판결
아동복지법위반(아동유기·방임)
Cases

2015dan533 Violation of the Child Welfare Act (child abandonment or neglect);

Defendant

1. Kim○-○ (93 years, inn), and non-permanent,

2. ○○ (83 years, remaining) and non-permanent,

Prosecutor

Kim Jong-Un (Lawsuits) and Kim Jong-ho (Trial)

Defense Counsel

Attorney Yoon Gyeong-hee (Law Firm Gyeong, Counsel for the defendant-appellant)

Imposition of Judgment

June 4, 2015

Text

Defendants shall be punished by imprisonment for four months.

However, the execution of each of the above punishment against the defendants shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Criminal History Office

Defendants are in de facto marital relationship for more than three years, and the father and mother of the victim Lee-○ (Inn, on March 16, 201), respectively.

The Defendants have the duty to protect and supervise the victims who are under their care and supervision by not neglecting the basic protection, rearing, treatment and education of the victims of food, clothing, and to protect and supervise them. Defendant Lee ○○ was mostly in ○○ Island, and most of the Defendant did not look at the family, and Defendant Kim ○ was fully responsible for the responsibility of fostering the victims. Defendant Kim ○ also did not take a normal protective measure against the victims due to lack of the overall perception of raising the victims.

1. Voluntary confinement on May 18, 2014;

Defendants conspired on May 18, 2014: around 13, 2014: OOO x 02 located in Yangsan-si ○○○○○, and Defendant Kim ○ was left out without leaving the victim who was only three years of age at the time of the marriage at the time of the marriage. Defendant Lee ○ was the wind that the victim was not able to open the house at his own discretion and open the door at his own discretion to the extent that the victim was able to open the door at his own discretion and open the door to the outside. Defendant Lee ○○ was a hedge in front of ○○ high school located 1 km away from the house after the victim was married.

As a result, the Defendants conspired to commit an act of neglecting the basic protection and care of the victims under their protection and supervision.

2. Voluntary confinement on May 31, 2014;

피고인들은 공모하여 2014 . 5 . 31 . 21 : 31경 양산시 ○○○에 있는 ▣▣▣ 동 X02호 내에서 , 피고인 김○○은 당시 만 3세에 불과한 피해자를 혼자 집에 방치한 채 외출한 상태였고 , 피고인 이○○는 ○○랜드로 가 집을 비운 상태에서 , 혼자 집에 있던 피해자가 그곳 작은 방에 있던 화장대 의자를 밟고 올라가 창문을 통해서 3층 높이 건 물에서 아래 1층 노상에 떨어져 피해자에게 약 8주간의 치료를 요하는 비장 파열 등의 상해를 입게 하였다 .

As a result, the Defendants conspired to commit an act of neglecting the basic protection and care of the victims under their protection and supervision.

3. Voluntary confinement on July 18, 2014;

On July 18, 2014: around 34, 2014: OOO x 02, Defendant Kim ○ at the time, left the victim who was only three years of age at the time of the mixed house, and her frigate or drink. Defendant Lee ○ had a house during the wind of ○land, and the wind that Defendant Lee ○○ did not open the house and conduct regular management and supervision over the victim to the extent that the victim could open the door at his own discretion and get out of the house, and then the victim lost the way in front of ○○ Library located approximately 1 km from the house.

As a result, the Defendants conspired to commit an act of neglecting the basic protection and care of the victims under their protection and supervision.

4. Voluntary confinement on August 13, 2014;

피고인들은 공모하여 2014 . 8 . 13 . 07 : 31경 양산시 ○○○에 있는 ▣▣▣ 동 ×02호 내에서 , 피고인 김○○은 피해자의 행동을 전혀 인식하지 못할 정도로 깊이 잠 을 자고 있었고 , 피고인 이○○는 ○○랜드를 가는 바람에 수일 동안 집을 비워 피해 자가 임의로 문을 열고 밖으로 나갈 수 있을 정도로 피해자에 대한 정상적인 관리 · 감 독을 하지 아니하는 바람에 , 피해자가 혼자 집을 나간 후 집에서 약 1km 떨어진 ○○ 초등학교 정문 앞 노상에서 길을 잃어 헤매고 있었다 .

As a result, the Defendants conspired to commit an act of neglecting the basic protection and care of the victims under their protection and supervision.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect against Defendant Kim ○-○

1. Each police interrogation protocol against the Defendants

1. Report on the arrival of internal accidents, report on investigation intelligence, report on the occurrence of fall accidents, details of handling 112 reported cases, and business affairs;

Request for cooperation (in response to the results of an on-site investigation), investigation report (the results of confirmation of opinions), opinion (Opinion), investigation

Report (the currency of a person in charge of specialized child protection agencies in Gyeongnam-do), medical certificate, on-site photographs

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 71(1)2 of the Child Welfare Act, Article 17 subparag. 6 of the same Act, and Article 30 of the Criminal Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Code

Reasons for sentencing

The defendants are divided in depth into all the defendants, and the defendant Kim ○ is responsible for raising a child victim in the future, and the defendant Kim ○ is a primary offender who has not been a previous criminal record, the defendant Lee ○ does not have the same criminal record, the age, occupation (out of duty), economic conditions or circumstances of the defendants shall be determined by the sentence as ordered.

Judges

Judges Eroro -

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