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(영문) 대전지방법원 2014.07.09 2013노3206
영아유기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended sentence) by the lower court is too uneased and unreasonable.

2. The crime of this case was committed against a baby born by the defendant who was born in a university hospital, and there is a need to strictly punish the defendant who deserted the baby that should be taken care of in absolute protection. The defendant already deserted the baby three days prior to the crime of this case, but voluntarily surrenders to the police, but again led to this case. The defendant made a false statement about the crime of this case only when the body is not discovered, even though the defendant did not have been dead in the process of the police investigation, he was living together with another male and gave birth to the baby, and gave birth to the baby despite the fact that the defendant did not have been dissolved.

On the other hand, the defendant shows his intention to seriously reflect the crime of this case and nurture a baby, the defendant could not report the birth of a baby with his spouse under the law, and the defendant could not live together with his parent, and due to this, the defendant's family living in a foreign country would not have any other person to assist the defendant who was responsible for raising a baby, such as receiving the appearance of his living room. The defendant's family living in a foreign country is deemed to have no other person to assist the defendant who was responsible for raising a baby, such as the defendant's symptoms of uneasiness, etc., the defendant's health is not good; the defendant has no criminal power other than the crime of the first organic crime of this case; the defendant was rescued after the crime of this case; the defendant is brought up in a protection facility after the crime of this case, and the defendant is able to take full care of the baby and prepare for the rearing of the baby.

The above circumstances and motive leading to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc.

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