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(영문) 창원지방법원 밀양지원 2020.04.21 2019고단461
영아유기
Text

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

At around 18:00 of the date B, the Defendant given birth to the victimized child (here, e) who is a mixed child (here, e) in a toilet in his/her own residence located in C, and between D and D.

It is difficult for the Defendant to inform her husband F of the fact that he/she gave birth to a victimized child who is not married, and consider it difficult for him/her to rear the victimized child on his/her own, and in his/her own initiative, G, a place where he/she had worked as a caregiver, was vain in his/her residence, in order to escape.

On July 10, 2019, the Defendant: (a) around 10:20, the residence of the above G located in Hayang-si, Ma, and (b) anticipated that the victimized child could not leave the above vain in order to conceal or rear the desire to leave the above va, and abandoned the baby.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, I, J, F, and D;

1. Records of seizure and the list of seizure;

1. Written requests for appraisal with each country and written appraisal;

1. Investigative report, investigation and treatment report (the response to search and seizure and execution data, and the search of the persons related to a hospital), diagnosis and treatment register, investigation report (Attachment to the medical records, etc. of K Hospital and L acids), diagnosis and treatment records of K Hospital, medical records of Lsan and Materns, investigation report (verification of the state of child victim protection), child welfare facility report, and official documents related to protective measures;

1. Application of statutes on the spot and photographs of victimized children;

1. Article 272 of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for suspended sentence”)

1. Scope of punishment by law: Imprisonment with prison labor for not more than two years;

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

(a) General criteria [Type 1] There is no general amusement or abuse (special person) (the scope of recommendation area and recommendation range] basic area, two months to one year;

3. The life and body of a victimized child caused by a criminal act committed by the accused.

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