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(영문) 대전지방법원 천안지원 2020.01.16 2019고단2395

영아살해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Around November 2018, the Defendant was pregnant with an unmarried baby and did not notify the fact of pregnancy surrounding it. On June 9, 2019, around 18:00, the Defendant had the victim’s infant infant in the Defendant’s residence in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, which was unable to grow the baby normally. On the same day, the Defendant attempted to murder the above infant, and had the victim die with a thring 40cm by combining two prone packagings (total length about 40 m) at around 19:00 on the same day.

Accordingly, the defendant murdered a baby after childbirth.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement on handling 112 reported cases;

1. A report on the results of field identification;

1. Report on investigation;

1. Investigation report, investigation report (verification of friendlyity as a result of electronic appraisal), investigation report (the results of autopsy);

1. Records of seizure, list of seizure and photographs of articles seized;

1. The application of Acts and subordinate statutes to report on investigation (a copy of records of variable cases);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is to recognize and reflect the defendant's mistake, and it seems that there are some circumstances to consider the defendant's circumstance, such as the following: (a) the defendant was the first offender; (b) the defendant was pregnant with the incompetent name and sexual intercourse at his age club; (c) the name, contact address, and whereabouts was not known; and (d) the defendant was given birth of a pregnant baby for about six months at an unexpected time when he was unable to receive medical treatment due to economic circumstances; (d) the defendant was living together with his family without contact for several years; and (e) the defendant continued to engage in a large number of blood transfusion; and (e) the father of his child was unable to find his father and, in economic difficult circumstances, the defendant was committed the crime of this case; and (e) it seems that there are some other circumstances to consider the defendant's circumstance.