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(영문) 대구지방법원 2014.10.24 2014고단4125

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 2013, the Defendant had been playing in the same-sexs from middle school and middle-gu, Daegu-gu, and had been aware of the fact that he was pregnant in the middle-gu, 2014 by having sexual intercourse between men and those in the same-sexs in the name of the father and became aware of the fact that he had been pregnant in the middle-gu, Daegu-gu, 2014. However, the Defendant did not notify any person, but did not make any decision on whether to rear him after the childbirth.

At around 03:00 on May 7, 2014, the Defendant, at around 03:0, 201, 201 B apartment 201 Dong 402, and entered the Defendant’s house located in the Defendant’s house, gave birth to the Defendant’s name-free boxes (0 years of age) who are infants, and killed the victim by taking care of about 5 minutes of age, such as fear that his family would become aware of the fact that he would raise the victim as a minor, and care for him.

Accordingly, the defendant, who is a lineal ascendant of the victim, predicted that he would not be able to conceal or bring up his desire, and murdered the victim immediately after the delivery.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes concerning the occurrence of cases of change of a disaster, recommendation for direction, report on internal investigation (related to the attachment of photographs of a stillborn baby), a written autopsy report, a written autopsy report, and an autopsy and photographing of a corpse;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant murdered a baby immediately after the delivery to take her life is a serious crime and its nature is very unfavorable. However, the defendant committed the crime of this case in a sudden and extreme state of unstable birth due to a sudden childbirth while the defendant was pregnant who did not want to have a minor's age. The defendant led to a confession of the crime and reflects his mistake in depth, and the defendant suffers from a usual clon, etc.