A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 5, 2014, when the Defendant was aware of pregnancy between the former male-gu around December 2013, the Defendant was in charge of abortion surgery or was not prepared for childbirth, and was seated at the defendant's house toilet located in Busan Jin-gu C and 105 Dong 102 on January 5, 2014 and gave birth to the victim's baby.

In this case, the defendant, as a lineal ascendant, has a duty to protect the victim and rear him/her in a healthy manner by taking measures so that the victim who is born on the side can be immediately hidden, maintaining the physical temperature properly, and filling water, etc. continuously.

Nevertheless, the Defendant, on the ground that it is difficult for parents to know the fact that he was given birth, and that he did not have a baby, reported that umbilum bilum was missing on the part of the victim without immediately taking measures, such as immediately leaving the bilum, etc., and left the bilum, left the victim as it was. On the same day, around 02:01 on the same day, the Defendant abandoned the victim on the 101 unit of the above apartment house.

Accordingly, the defendant abandons a baby and caused his death.

Summary of Evidence

1. Entry of the accused in each part of the first protocol of preparatory hearing and the fifth protocol of trial;

1. Each interrogation protocol of the prosecution and the police and statement of the defendant;

1. Each police investigation report (the attachment of CCTV images on the second floor underground of the apartment, the attachment of data on the weather of the Korea Meteorological Administration, the confirmation of the details of diagnosis and treatment), the autopsy report, the body autopsy report, the report on the results of each changeer's investigation, each appraisal report, the autopsy report, the autopsy report, the field photograph, and each photograph;

1. The inquiry of the fact made by the President of the Busan Institute of Scientific Investigation to the National Institute of Scientific Investigation, and the application of statutes to the inquiry of the fact made by the President of the University;

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

1. The circumstances favorable to the Defendant among the “reasons for the sentence” under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.