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(영문) 대구지방법원 2018.08.16 2018노1485
영아살해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentencing of the lower court (two years of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case committed by the Defendant, who is responsible for protecting the victim, was committed by leaving the victim in a conventional toilet with a change of the victim, so that the crime of this case is more serious.

The defendant was an adult with childbirth and parenting experience, and was aware of pregnancy in advance, so it was possible to take measures to prevent the victim from being dead at least.

However, the defendant committed the crime of this case in a very uneasible and uneasible psychological state where he was pregnant with his family members and others without any contact with her baby, and he was under considerable stress within the pregnancy period. The defendant committed the crime of this case in a very unstable and uneasible psychological state where she was given birth. The defendant appears to be living together with his wife who cannot be able to wear a cleaning agent on his lifelong chest, and the defendant is the first offender, including the above circumstances, and the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc. are considered as a whole, and the sentencing of the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

1. Article 251 of the Criminal Act concerning the facts constituting the crime;

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