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(영문) 청주지방법원 충주지원 2012.12.28 2012고단1141

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

On July 22, 2012, the Defendant gave birth to a baby of the victim, who is not aware of his father in toilets 601, the voice group C apartment 601, from the new wall-to-be, the Defendant gave birth to the baby of the victim.

While the defendant is unaware of pregnancy at all, he was shocked with the Apops childbirth, and was able to kill the victim by pointing out his idea about his unmarried childbirth.

After all, the defendant saw the victim as a corridor outside of the entrance, and brought the victim into the ground from the 6th floor, and caused the victim to die due to damage to the head face.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The list of seized articles and photographs thereof;

1. On-site medication, infant-organic photographs, death certificate, on-site photographs, CCTV photographs, CDs;

1. Requests for each appraisal;

1. Application of the Acts and subordinate statutes to reports on occurrence and internal investigation;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The Defendant’s crime of sentencing for the reason of sentencing under Article 48(1)1 of the Criminal Act is that the Defendant kills a baby immediately after delivery, and the Defendant’s serious crime is very heavy in terms of the nature of the crime.

However, the fact that the defendant's mistake is recognized and reflected by the defendant, the defendant seems to have committed the crime of this case in a extremely uneasy and uneasy state by shocking the defendant's childbirth while he was aware of pregnancy, and the defendant is living without any previous conviction, and the defendant's family environment, etc. shall be determined by the sentence like the order.