The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. Defendant 1 is likely to have already died during the course of delivery or immediately after delivery, and the court below convicted the Defendant of the facts charged in this case, although the Defendant did not have any intention to kill a baby at the time. The court below erred by misapprehending the facts and legal principles.

2) Since the Defendant was not in physical and mental state to the extent that she would suffer from a large amount of blood transfusion immediately after physical and mental loss or delivery, the Defendant was in a state of having no or weak ability to discern things or make decisions at the time of committing the instant crime.

3) The sentencing of the lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

The facts charged in the instant case are pending in the trial of the prosecutor

B. (1) As stated in paragraph (1), an application for changes in indictment was filed, and since this court permitted it, the judgment of the court below cannot be maintained any longer.

As above, the Defendant’s mistake, misunderstanding of legal principles, loss of mental or physical mind, or the assertion of mental or physical weakness is still subject to the judgment of this court, which will be examined.

B. Determination 1 on the Defendant’s misunderstanding of the facts and misapprehension of the legal principles of the instant facts charged: (a) the Defendant was married to and divorced with his spouse on around 2000; (b) the Defendant, upon having been married to and divorced with his or her spouse; (c) from around 2014, when having been living together with his or her spouse, he was suffering from economic difficulties because there was no income due to a bad business failure, and approximately KRW 3.5 million was generated; (d) the Defendant was her husband through his or her natural father and his or her private son and gave birth to a dead child due to a bad faith.