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(영문) 창원지방법원 2017.08.25 2017고단2300

사체유기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal record] On November 22, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Changwon District Court Msan Branch branch on November 22, 2016, and the said judgment became final and conclusive on June 16, 2017.

[2] On July 16, 2016, around 06:30 on July 16, 2016, the Defendant gave birth to a pregnant male baby who was born between the six stories of the Sungwon-si, Sungwon-si, Sungwon-si C building, and the victim was aware of the death of the victim around that time, the Defendant was able to abandon the victim’s body by taking responsibility for the death.

At around 13:00 on the same day, the Defendant placed test plastic bags and shopping bags 607 at the above place, put the body of the victim and the body of the victim into a test plastic bags, re-influorted shopping bags, opened a toilet at the same place, and closely sealed shopping bags containing the body of the victim in a space inside the ceiling of the exchange apparatus.

Accordingly, the defendant abandons the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Each report on internal investigation (the result of an autopsy report, response to the contents of A's statement), each investigation report (the time of delivery, specific relation to the time of delivery, hearing opinions of autopsy and appraisal, and attaching an appraisal report);

1. A corpse death certificate;

1. A gene appraisal document (No. 16 No. 16 of the evidence list);

1. On-site photographs;

1. Previous convictions in judgment: Inquiry about criminal history, and application of each investigation report (a confirmation during a separate trial and confirmation of the fact of final judgment) Acts and subordinate statutes;

1. Article 161 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is as follows: (a) the Defendant, with the knowledge of the death of a her child after giving birth to her her her her her her her her her her her her her her her her her her her her her

In particular, the Defendant frequently checks the health condition of the fetus after the birth of a baby and checks the treatment of a hospital at any time, not much to prepare for the birth of a baby.