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(영문) 서울남부지방법원 2014.10.01 2014고단1907
영아유기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a Chinese national ship.

On April 30, 2014, the Defendant gave birth to female her child within the Defendant’s mother C’s residence of Geumcheon-gu Seoul, Geumcheon-gu Seoul Metropolitan Government 2nd floor B 11, but it is thought that the Defendant could not raise her child due to difficulties in living.

At around 04:20 on May 6, 2014, the Defendant: (a) laid the birth of the child at the “E” parking lot located in Geumcheon-gu Seoul Metropolitan Government D with his own fence, and abandoned the baby.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the Acts and subordinate statutes to the investigation report (the arrest of the accused);

1. Article 272 of the Criminal Act applicable to the facts constituting the crime, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is not applicable. The crime of abandonment of the baby in this case is a crime to which the sentencing guidelines are not applicable. In light of the fact that the defendant committed an act that is under the responsibility of son as a severe body and that the defendant committed an act that may cause danger to son's life and body, the responsibility for the crime of abandonment of the baby in this case is not less strict. However, the defendant is under the confession of the crime, and the defendant was in an economically difficult situation as an unmarried mother at the time, the defendant was aware that son was dead, and the son was not under the psychological condition such as he was under the influence of son's death, it is recognized that some circumstances are considered to be taken into account in light of the circumstance of the crime, such as the fact that son was not under the psychological condition such as being under the influence of son's death, the age, character and behavior, environment, motive, means and result of the crime in this case, and all the circumstances described in the order and oral sentencing.

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