A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

The punishment sentenced by the court below (six months of imprisonment, etc.) is too unreasonable.

Judgment

The crime of this case is a normal situation that is unfavorable to the defendant, such as: (a) the defendant was born 2 days after the defendant was born; (b) the defendant who deserted the infant who had been born in C Hospital with his responsibility as his parents and who had been abandoned in absolute protection; and (c) there is a need to strictly punish the defendant who has deserted the infant that should be taken care of in absolute protection; (d) the defendant easily renounced his custody; and (e) there is no intention to rear the baby later.

However, taking into account the favorable circumstances, such as the fact that the defendant is against the crime of this case, the defendant was faced with the appearance of living together with the baby while in pregnancy, and the fact that it is difficult for the defendant to know that he/she gave birth to his/her infant to his/her infant, etc., and the defendant has no criminal records above the punishment, and other various circumstances that form the conditions for sentencing as shown in the records and arguments, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment imposed by the court below is somewhat inappropriate.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 272 of the Criminal Act applicable to the facts constituting the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act suspended execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);

1. Social service order under Article 62-2 of the Criminal Act;