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(영문) 서울남부지방법원 2018.04.19 2018고합22
영아유기치사등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. On March 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Child School Violence (Child School Death), gave birth to the victim of mixed-child in the Seoul Geumcheon-gu Seoul Building and the Defendant’s residence toilet at around 11:00 on December 23, 2017, without notifying the surrounding areas of the fact that he/she was pregnant after having been pregnant of her sexual intercourse at his/her name-free male and club.

Although it is difficult for the Defendant, as a guardian, to inform of the fact of giving birth to a hospital, and there is no room for the Defendant to leave the infant in the way of leaving the infant in the toilet for about 1 hour and 30 minutes without taking such measures, and caused the death of the victim by neglecting the victim by leaving the infant in the toilet for about 1 hour and 30 minutes, on the ground that it is difficult for the Defendant to know of the fact of giving birth to the hospital, and that there is no reason for the Defendant to take such measures.

As a result, the Defendant committed a child abuse crime against a baby, resulting in the death of a child who is a child.

2. In the foregoing process, the Defendant: (a) died of a female; (b) laid down the dead body under the bottom of the boiler machines adjacent to the Seoul Geumcheon-gu Seoul Building D on December 23, 2017 in a flooded around 15:55 on December 23, 2017; and (c) abandoned the dead body by leaving it under the boiler machines adjacent to the Seoul Geumcheon-gu Seoul Building.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Copy of the statement made to G by the police;

1. Police seizure records and list of seizure;

1. A corpse death certificate and a autopsy report;

1. On-site reports, site photographs, and photographs of results of field identification;

1. Report on the occurrence of a crime (Death of a infant), report on internal investigation (related to the on-site identification report and the attachment of field pictures), each investigation report (related to the investigation of CCTV on the mobile routes prior to committing a crime by a suspect, the verification of CCTV installed before committing a crime, the attachment of a suspect's blade photograph, the attachment of a copy of the first witness G statement by a witness, and the autopsy report.

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