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(영문) 대구지방법원 김천지원 2017.07.13 2016고단1583

A defendant shall be punished by imprisonment for not more than ten months.

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


Punishment of the crime

On January 20, 2016, the Defendant received a request from the victim E (7 years old) parent F to leave the victim from the victim E (7 years old), and accepted the request, thereby protecting the victim.

On January 20, 2016, the Defendant abandoned the victim on the front side of the one-way teaching staff around 11:00.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of Acts and subordinate statutes to the list of cases reported by the police in relation to G, the report of internal investigation, the report of internal investigation (in relation to the weather and temperature of the victimized child on the day of the instant case), the investigation report (in relation to himself/herself on the instant site), the investigation report (in relation to the attendance of a witness G and the statement by telephone), the investigation report (in relation to the contents of the witness G phone statement), and the investigation report

1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 6 of the Act on the Place of Punishment for Children and the Selection of Imprisonment with prison labor for the crime;

1. The reason for conviction under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act was that the injured party was dead and did not abandon the injured party.

The argument is asserted.

However, in light of the following circumstances acknowledged by the evidence of the judgment, the defendant's assertion is without merit, and the fact that the defendant abandons the victim can be sufficiently recognized as stated in the facts of crime.

① The Defendant also acknowledges the fact that the Victim’s mother takes over from F to protect the Victim.

F around 5:0 on January 20, 2016, around 5:00 new walls, F transferred 5 (5) bags containing the victim’s clothes and household goods to the Defendant, along with the victim’s clothes from the victim’s second floor of the instant building.

② G discovered the victim from the front way of the entrance of the 1st floor of a building in which Dpool teachers are located and reported to the police.

However, in light of the fact that 5 victims have been placed around the victim, the victim, who is only 7 life, has an engine to 1st floor from the second floor of the building.