가. 피고인 피고인은 출산한 직후에 피해자의 울음소리 때문에 주변 사람들이 잠에서 깰 것을 우려하여 피해자의 입 주위를 막았을 뿐이므로, 피고인에게는 피해자를 살해할 고의가 없었다.

B. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court acknowledged the following circumstances as evidence duly adopted and investigated by the lower court: (i) the Defendant: (a) obstructed the injury of the victim of the infant immediately after childbirth for two to three minutes; (b) repeated the above actions three times; (c) was experienced in giving birth around 2005; (d) was investigated by the prosecution to the effect that the victim could have died if he/she repeatedly; (d) was aware of the fact of pregnancy and did not prepare for giving birth, even though he/she was deprived of the fact of pregnancy; and (d) was unable to report the victim’s injury and nose while leaving the victim’s body, and neglected within one week without taking any measures to avoid concealment; (b) it can be recognized that the Defendant had an intention to kill the victim or the victim.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. As to the prosecutor’s assertion of unfair sentencing, the Defendant: (a) murdered the victim by preventing the victim from entering the victim and nose for the purpose of withdrawing the fact of giving birth; and (b) neglected within one week after the victim’s death and abandons the victim by using her mother’s choice; (c) is against the Defendant’s act that the victim died; (d) there is no history of criminal punishment; and (e) is with her husband.