A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was hospitalized in the E Hospital located in Seodaemun-gu Seoul from July 9, 2015 to receive funeral cancer treatment. On October 20, 2015, when her mother died from a multi-long-term corrosion due to cancer around October 20, 2015, the Defendant received the death of C from the above hospital and transferred it to the Defendant’s residence located in Yongsan-gu Seoul Metropolitan Government 102 Dong 1102.

From October 20, 2015 to April 5, 2016, the Defendant, who is a child of C, who has customary and legal funeral duty, was abandoned by neglecting C’s corpse for about 169 days, even though he/she had a duty to hold a funeral in a religious and social manner.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement of the police statement related to G;

1. On-site reports on results of field identification, family relation certificates, and death diagnosis reports;

1. The Defendant asserts that, on-site and photographs of the deceased [the Defendant did not address medical malpractices and funerals related to the death of the deceased, and did not abandon the deceased’s body because the funeral procedures were delayed due to the delay in the procedures for the deceased’s funeral, etc. on the deceased.

The crime of abandonment is a legal interest to protect a person’s religious sentiment or religious peace as a social custom against a deceased (see Supreme Court Decision 98Do51, Mar. 10, 1998). The crime of abandonment is established in cases where a person obligated to take care of, or take care of, the deceased’s dead body, is abandoned (see Supreme Court Decision 98Do51, Mar. 10, 1998). According to the evidence duly adopted and examined by the court, the Defendant puts the deceased’s body against his/her mother, and withdraws the measures to preserve the deceased’s body by operating air conditioners, etc., but, from around October 20, 2015, the deceased’s body was found around April 5, 2016.