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(영문) 대전지방법원 2013.07.12 2013고단1827

영아살해등

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

1. On December 30, 2012, the Defendant: (a) anticipated on December 30, 2012, 02:00, that it is impossible for a baby to grow up normally after breaking the baby at a place located in the Dotour home room in Daejeon-gu Daejeon; (b) on the same day, at around 09:00, the Defendant killed the infant by having the infant die due to the pulmonary corrosion of the lab by using a reflect warehouse held in his/her possession at around 09:0 on the same day in order to prevent the labing of the lab by covering the lab’s lab with the lab.

2. In order to conceal the above crime on January 6, 2013, the Defendant: (a) killed a baby as above; and (b) stored the corpse in the storage box, etc.; (c) concealed the corpse in the ground after hanging the ice in the Ethal, YYYYYY, Ethal, YYYYY, Ethal, YYYY, Ethal, Ethal, YYY, and then, concealed the corpse

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A written autopsy report, a written request for appraisal, a fingerprinting report on the scene of the crime, a reply to the results of appraisal, and a written autopsy and appraisal;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

(a) Youngicide: Article 251 of the Criminal Act;

(b) Concealment of carcasses: Article 161 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Defendant is unmarried in the reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act, and he was aware of pregnancy after hedging with the male father-gu, but did not inform the surrounding areas of this fact, and was in conflict due to the lack of abortion. Around the time when the instant crime was committed, the Defendant was dissolved at the her wife, and he was scard by a sense of shame and fear according to such sudden circumstances, and was scard, and eventually, she killed a baby and concealed the body of the Defendant’s appearance.

Although the criminal liability of the defendant for the crime of this case is not weak, the defendant's mistake in depth is too late, and the defendant's own child.