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(영문) 서울중앙지방법원 2015.09.25 2015노2677

영아살해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1 at the first instance (one year of imprisonment) is too unreasonable.

(b)the first instance sentence of the inspection is too unhued and unreasonable;

2. The life of the person in question is of value to be absolutely protected, and the life of the child born on the side may not be an exception.

Nevertheless, it is inevitable to punish the Defendant, since the Defendant got her life on the side and abandons the dead body.

However, the defendant is a first offender who has no record of criminal punishment, and has a depth of his mistake.

It seems that there was serious economic difficulties while living alone, and it seems that the crime of this case was committed in extreme psychological situation after childbirth.

In addition, considering the age, character and conduct, the environment, and circumstances after the crime, all the sentencing conditions shown in the records and arguments, the first instance sentence is too heavy or unreasonable.

The defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act