Domicile, Busan Geum-gu

Busan Geum-gu Office of Registration

피고인은 2012.5.20 18:00경 부산 금정구 ○○○에 있는 ○○OO ○호 피고인의 집 안방 화장실에서 변을 보던 중 자신이 임신하고 있던 피해자인 영아 (성명불상)를 출산하게 되자, 치욕을 은폐하고 갑상선 암으로 인한 치료로 인한 합병증으로 몸이 불편하고 정신이 혼미하는 등 특히 참작할만한 사유로 인하여, 변기 안에서 "켁켁" 거리는 소리를 내는 영아의 목을 양손으로 힘껏 잡고 졸라 영아로 하여금 경부압박에 의한 질식으로 사망하게 하였다. 이로써 피고인은 치욕을 은폐하고 특히 참작할 만한 사유로 인하여 출산 직후의 영아를 살해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the police statement against Kim○-○;

1. The application of statutes to requests for autopsy, requests for autopsy, replys to requests for appraisal, replys to requests for appraisal, and applications of requests for appraisal;

1. Article applicable to criminal facts;

Article 251 of the Criminal Act provides that the defendant's reasons for sentencing are as follows: (a) in light of the following circumstances: (b) the defendant was in the aftermath of the Apamam and was in a three-time surgery and was hospitalized in the present time; (c) it seems that it was difficult for him to have a sense of mind to make a dual judgment at the time of committing the crime by increasing interest in the health condition immediately after the childbirth; (d) the defendant made an effort to late and rescue the baby immediately after committing the crime; (c) the fact that the defendant recognized the crime and made a serious reflection; and (d) the largest victim caused by the crime of this case can be deemed as the defendant, there is doubt as to whether the punishment against the defendant is desirable.

However, if we consider, however, that the mother's body's body is more familiar and respected than what is the legitimate mother's life, that should be dealt with in the world, and that there is concern about the life awareness, it is necessary to punish the defendant for the crime regardless of the above circumstances.

In addition, taking into account the various sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, health conditions, home environment, motive, means, results, etc., the punishment of the Defendant for the instant crime shall be determined as the disposition.