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(영문) 서울동부지방법원 2019.06.27 2019고합128
영아유기치사
Text

Defendant shall be punished by imprisonment for a term of 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

Around 06:00 on September 20, 2018, the Defendant anticipated that a pregnant male baby could not be concealed or brought up in order to conceal desire by giving birth to a pregnant male baby in the room of the Defendant’s residence in Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government, and that it did not take measures necessary for the survival of the victim, such as removing foreign substances, such as taking over the nose and the entrance speed of the victim, and abandoned the victim by leaving the victim unattended as it is and leaving the victim unattended at the F Hospital located in Seongdong-gu Seoul Metropolitan Government on the same day at around 11:35 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and D;

1. The results of autopsy, the report on the results of field identification, the report on the results of autopsy, the report on the results of autopsy survey, the report on the results of autopsy survey, each side of the scene, the body list, the photographs of victims, etc., on-site photographs

1. Application of monetary details and H message-related Acts and subordinate statutes;

1. Article 275 (1) (latter part) and Article 272 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. Scope of the recommended sentence according to the sentencing guidelines (a decision of type), and arrest, confinement, abandonment, or abuse;

(c) Reduction factors of death [Type 1] Abandonment or abuse (a person who has been specially punished): Where an intentional crime is committed, and the result of death does not result from the direct act of the defendant [the area of recommendation and the scope of recommendations] special mitigation areas, 9 months to 3 years [the scope of recommendations corrected according to punishment] imprisonment, 1 year and six months to 3 years (the minimum of the range of sentences recommended by the sentencing guidelines is inconsistent with the statutory minimum of applicable sentences, and thus the minimum of applicable sentences in law is inconsistent with the applicable sentences).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and two years of suspension of execution;

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