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(영문) 수원지방법원 성남지원 2017.09.21 2017고합165

살인

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant is the mother of the victim D (here, 7 months after birth).

The Defendant, after having given birth to the victim of R, experienced symptoms, such as symptoms of arms, influences, depressions, criminal liability, and degradation of judgment ability, caused the occurrence of depression after childbirth to the victim of R, and led the Defendant to a sense of self-harm that the husband is unable to properly leave the victim, such as being unable to look at the victim well, and being late until late at night after the husband’s retirement.

Therefore, the Defendant, in the absence of the ability to discern things or make decisions due to depressions after childbirth, had the infants living in the area of seven months after birth with the victim, who was the infant in the area of seven months after birth. On July 14, 2016, around 10:00, the Defendant boarded the elevator with the 504-dong E-gu, Sungnam-si, Sungnam-si, Sungnam-si, with the 15th floor. From around 10:00 on the same day to 11:27 on the same day, the Defendant killed the victim by having the victim die in the front of the emergency stairs rail between the 504-dong and the 8-story and the 9-story while making the head, etc. of the victim suffer from the ground floor, and caused the victim to die with the male by causing the death of the victim, such as bones crushing of bones, livering of bones, and malrup, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to resident registration copies and written appraisal of autopsy;

1. Article 250 (1) of the Criminal Act applicable to the relevant criminal facts and Article 250 of the choice of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing guidelines [Recommendation Determination] Death in the area of mitigation (6 years to 10 years of imprisonment) (6 years to 10 years) (special aggravation factors] of the victim who is vulnerable to the crime (special mitigation factors), mental and physical weakness (one's own responsibility).