A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On September 19, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Incheon District Court on February 3, 2013, and completed the execution of the said sentence.

【Criminal Facts】

On December 31, 2014, at around 17:17:17, the Defendant gave birth to female her at the third floor of the D Hospital located in Suwon-si C, Suwon-si, on the ground that it is difficult for the Defendant to care for her infants due to lack of economic ability, and until the adoption of her infant, her ability to live together with her baby in an unmarried mother facility.

On January 2, 2015, at around 15:06, the Defendant abandoned the said infant by leaving the said infant in the fourth fourth-class newborn baby room in the said DD Hospital, and by escaping from the said infant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A infant photograph;

1. Previous records: Application of criminal records and investigation reports (prior records of a suspect and confirmation of a repeated crime) and Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 272 of the Criminal Act concerning the crimes;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders: (a) the Defendant, even though given a disposition of suspension of indictment by abandoning a baby born on or around February 201, committed the instant crime without any reflection; and (b) the Defendant again committed the instant crime without any reflection; and (c) the Defendant, if he has no economic ability to rear a baby and does not have a situation to rear a baby, he/she was able to proceed with the adoption procedure even though it was possible to leave an unmarried mother facility and go through the adoption procedure; and (d) it is difficult to care for a baby during that period; and (e) the Defendant, even though he/she was a repeated offender, abandoned the baby and escaped, and committed the instant crime without any awareness of the fact that he/she committed the instant crime.