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(영문) 인천지방법원 2014.10.02 2014고단5153
영아살해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

At around 03:00 on March 5, 2014, the Defendant: (a) was pregnant at the Defendant’s residence of 104 dong 304 dong 104 dong 304 at Chungcheongnam-si; and (b) was seated in order to see that the Defendant was fluor, due to the fluoral, and was fluorized with her own female her engine.

The Defendant, as such, was aware that the Plaintiff was fluent immediately after the learning of the infant, but the Defendant gave birth to the baby in an unmarried situation and did not want to inform other persons of his intention to kill the baby, and caused the death of the baby by bringing about about about about five minutes of the face of the infant by taking the fluence of the infant’s head, taking the fluence of the infant’s head into consideration, and bringing about about about five minutes of the infant’s face to the mother of the Defendant’s chest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes concerning autopsys;

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

1. The defendant's crime of sentencing under Article 62 (1) of the Criminal Act is a serious crime of killing a baby immediately after the delivery by the defendant, and the nature of the crime is very heavy.

However, the fact that the defendant's mistake is recognized and reflected by the defendant, the defendant seems to have committed the crime of this case in a extremely uneasy and uneasy state by shocking the defendant's childbirth while he was aware of pregnancy, and the defendant is living without any previous conviction, and the defendant's family environment, etc. shall be determined by the sentence like the order.

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