The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Seized one copy (No. 1) shall be confiscated.

1. The summary of the grounds for appeal (unfair sentencing) of the lower judgment (excluding 7 years of imprisonment and Confiscation) is too unreasonable.

2. The Defendant, as a mother, killed a child with only one year old, although he/she was obligated to protect and rear the victim.

The defendant, who was the victim during the process, was unable to commit the crime in a manner that the victim saves the eye in a diving, and continued to block and divide the victim's eye and joints the eye into a flood, thereby causing the death of the victim.

The victim was killed by the mother of the defendant without any particular resistance and without knowledge in English, and the suffering seems to have been reasonable.

Such circumstances are disadvantageous to the defendant.

However, it seems that the defendant, who was an ordinary family owner with no record of criminal punishment other than pre-juvenile protective disposition, has been able to raise and look forward the victims of the ordinary family.

In addition, the defendant committed the crime of this case in a state that the defendant was punished for dispute over his spouse, divorce, and the right of custody for the victim before the crime was committed, and is highly likely to commit the crime of this case under extremely weak mental and physical conditions.

Considering the relationship with the victim prior to the crime, motive of the crime, and the Defendant’s ability to assume the responsibility at the time of the crime, the crime of this case committed by the Defendant is deemed to constitute “the murder by family members who fall short of normal judgment” and falls under type 1 (the murder by motive) among the types of murder prescribed by sentencing guidelines.

B. Around the day after the commission of the crime, the Defendant responded to the crime immediately after the commission of the crime, informed the victim of the fact of the crime before the death, and reported it to the 119 Emergency Medical Service Team (the lower court determined the above circumstances as “self-denunciation” under Article 52(1) of the Criminal Act, and mitigated the Defendant’s punishment in the course of the application of the statutes.

However, it refers to Article 52 (1) of the Criminal Code.