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(영문) 부산지방법원 2018.08.29 2018고단2483
영아유기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 26, 2018, the Defendant gave birth to a male baby at around 13:00 on April 26, 2018, but it is difficult for the Defendant to rear the baby due to economic difficulties, etc.

I think, and thought that he will throw away the instrument.

around 10:00 on April 27, 2018, the Defendant abandoned a baby with the reduction of it, while leaving the said baby between C’s real estate located in Busan Jin-gu B, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 272 of the Criminal Act concerning the facts constituting the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (two months to one year) of the category one (general abandonment and abuse) in the scope of the recommended punishment and the general standards therefor;

2. The Defendant, after giving birth to a child, abandoned the child in a rare place, and left the child outside a 5-hour range for a baby who does not have only one day of birth.

If there is no circumstance to rear a child, it is possible to take another way sufficiently, but the defendant has deserted the child on the idea that he/she should work the next day.

After the discovery of a crime, it has been argued that there has been an obstacle to receiving appropriate medical benefits from the birth of a child without any special reason after the discovery of the crime.

However, the decision is made as ordered in consideration of all the circumstances that form the conditions for sentencing, such as the defendant's age, sex, environment, motive and circumstance of the crime, etc., and the fact that the defendant has not committed a crime after the age of majority, and there is no other evidence that the defendant committed a crime after the age of majority.

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