가.영아살해나.사체유기
2020 Highest 4740 A. Infantide
(b) Abandonment of a corpse;
1. (a) A;
2. B
In the ordinary people's case, the original family (public trial)
Attorney Kim J-jin (the national election for defendant A)
Attorney Cho Chang-cheon (for the defendant B)
December 17, 2020
Defendant A shall be punished by imprisonment with prison labor for five years and by imprisonment for three years.
Defendant A shall be ordered to prohibit the operation, employment, and actual labor of child-related institutions for ten years.
Criminal facts
around December 2018, Defendant A was pregnant by having a sexual intercourse with Defendant B, which was a relationship with a smartphone display, and confirmed the pregnancy by visiting the D Hospital located in Seoul Jung-gu Seoul Metropolitan Government around March 11, 2019, and informed Defendant B of the fact of pregnancy. Defendant B did not seem to have any economic ability and the wind, etc. on the ground that Defendant B did not have any responsibility.
Accordingly, around May 14, 2019, Defendant A purchased 'E' from 'E', which is the site of illegal abortion sales, and then used 'unfind' from 18th to 25th of the same month.
1. Defendant A’s suicide;
On May 25, 2019, at around 14:12, the Defendant 14:12, 2019, she sleeped a times in the Defendant’s house room located in the Seoul Jung-gu Seoul Metropolitan Government, she sleeped a times, gave birth to living female her child (at that time she was born about about 24 weeks) who is the victim, and she slicked. Since it is difficult for the Defendant to inform his/her parents of the fact of childbirth, he/she provided letters about the persons related to the abortion sales site and the method of coping with Bwave, and killed the victim by leaving the victim into water without taking any measure until 15:23.
As a result, the defendant predicted that he could not care as a lineal ascendant, and murdered a baby immediately after delivery.
2. The Defendants’ abandonment of their body
Defendant A notified Defendant B of the fact of giving birth by telephone immediately after the said date and at the above place, and conspired to leave the body of a baby between Defendant B and Defendant B.
Defendant A laid the body of a baby who died at the above date, time, and at the above place, laid the body in a fluorial paper, put the body in a fluorial plastic paper, put the body in a fluorial paper, put the body of his father who was in the house into a fluoral bag with his own room, and put the body in a fluoral bag. On the same day, Defendant A continued to move from the place of the house to Defendant B, G, and H at around 21:0 on the same day.
At the same night, the Defendants were going to go back without finding a proper place near Defendant B’s house. At around May 2019, around 27:00, Defendant B’s public parking lot near Defendant B’s house, and attempted to put the body of a low-priced infant in a canned tin box and to incinerate the body by using the earth, but tried to cut off the body again, she was to cut off, cut off, and incinerate the body of a baby directly, but failed. Ultimately, the Defendants laid the ground into a grass field near the public parking lot, put the body of a low-priced string in a water, cut off the body of a pet dog, cut off the soil above, and then covered it again.
As a result, the Defendants conspired to abandon the body of a baby.
Summary of Evidence
1. Defendants’ respective legal statements
1. A certificate of message, copy of medical record, medical record, etc., I reply, J Hospital reply, K Hospital reply, L Hospital reply, on-site identification report;
1. Protocol of inspection;
1. Investigation report (the suspect A's telephone record analysis at the time of the commission of the crime, data tag record analysis), internal investigation report (the analysis of the situation after the abortion by using the Kakao Stockholm dialogue between the suspect and the suspect), and internal investigation report (the internal investigation on the number of pregnant victims at the time of the death);
1. On-site verification photographs of the suspect A;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
○ Defendant A: Articles 251(a) and 161(1)(a) of the Criminal Act, 161(a)(a) of the Criminal Act, each choice of imprisonment
○ Defendant B: Article 161(1) of the Criminal Act (a) and choice of imprisonment
1. Aggravation for concurrent crimes;
○ Defendant A: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act
1. An employment restriction order;
○ Defendant A: Article 29-3(1) of the Child Welfare Act
Reasons for sentencing
○ Defendant A: The Defendant laid down the death in the water from the change of the infant born by himself/herself, and furthermore, in the process of abandoning the body of a baby with B along with B, the Defendant did not simply lay the ground, but tried to retire the body immediately by putting the body into the tin-open box or the body before leaving the body, and there is a very unfavorable circumstance that there is a high possibility of criticism for the instant crime.
However, it appears that the Defendant’s crime of this case is too late, and that the Defendant’s illegal abortion was committed under unpredicted circumstances that the fetus was living while the Defendant attempted to abortion, and that it was likely that the instant crime was committed under the unpredicted condition that the fetus was living, and that the Defendant was not punished for violation of the Electronic Financial Transactions Act around 2019 and that there was no other criminal record.
○○ Defendant B: The Defendant did not merely put the body in the ground in the process of abandoning the body of a baby together with A, but directly carried out the act in order to put the body into the tin-to-be, or to retire the body immediately on the body, and there is a very unfavorable circumstance that there is a high possibility of criticism for the instant crime.
However, considering the favorable circumstances, such as the fact that the Defendant’s crime of this case is late later, the Defendant was prosecuted only due to abandonment of the body because he did not directly participate in the suicide, and the Defendant was punished by a fine for driving without a license around 2017, as well as the fact that he did not have any other criminal record.
○ In addition, the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and sentencing cases in similar cases where the name of the crime is identical to this case, and all the circumstances revealed in the records and arguments of this case shall be determined as ordered by comprehensively taking into account.
Judges Park Han-hoon