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(영문) 대전지방법원 2015.11.12 2015고단3229

영아살해

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around October 2014, the Defendant, who did not have a certain occupation, was pregnant by having sexual intercourse with a man who was aware of being a multi-stage company located in Gyeonggi-do, but was unable to receive hospital treatment due to the concealment of pregnancy and economic difficulties for other persons including the parent except male-child Gu. Meanwhile, the Defendant was living together in the Dong-gu, Daejeon-gu, Daejeon upon request from the branch C by requesting it to the branch C, who was in the seat of Dong-gu, Daejeon.

At around 01:00 on June 11, 2015, the Defendant, at the house of the above C around 01:00, gave birth to a baby in the name of the victim (2.655 cm, knife 51.5 cm, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).

Accordingly, the defendant predicted that he could not avoid the desire and bring up his baby, and murdered the baby immediately after the delivery.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 251 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The case in which the defendant murders a baby immediately after delivery and kills a baby, and thus his life is a serious crime, and the nature of the crime is favorable to him: