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(영문) 서울중앙지방법원 2016.07.22 2016고단1288
아동학대범죄의처벌등에관한특례법위반(상습영아유기)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 11, 2014, the defendant was issued a summary order of one million won or more as a crime of abandonment of infants by the Seoul Central District Court.

The Defendant, around April 13, 201, delivered birth to a baby at the Central University Hospital located in Dongjak-gu Seoul Metropolitan Government, 102, having been left in the hospital on June 1, 201 and left the hospital on or around June 14, 2011, started an investigation into the fact at the police around June 20, 201, discharged the remaining hospital from the hospital on or around June 20, 201, and was punished as above by abandoning the remaining in front of the building located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City B, and the remainder is being raised in the child welfare facility up to the present day.

On August 14, 2015, around 09:15, the Defendant gave birth to a female at the Dsantegian located in Seocho-gu Seoul Metropolitan Government D, and anticipated that the Defendant could not rear him for economic reasons, and left her to the above hospital on the same day, and became dead at the above hospital around 13:02 on the same day.

Accordingly, the defendant habitually abandons a baby and committed a child abuse crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A written statement;

1. Reporting on the occurrence of cases suspected of evading infants;

1. Summary order;

1. Application of the Acts and subordinate statutes to photograph CCTV images;

1. Relevant legal provisions for facts constituting an offense, and Articles 6 and 2(4)1 (a) of the Act on the Punishment, etc. of Child Abuse Optional to Punishment, Etc., and Article 272 of the Criminal Act, Article 272 of the Criminal Act, and selection of imprisonment;

1. The act of the defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, abandons his/her body without being placed in the place of the denial of the birth of the child, is deemed to be very serious in the nature of the crime;

subsection (1) of this section.

However, if the defendant was unable to know the birth of the infant and without being aware of its economic condition, in a relatively less likely to cause danger to the infant's life and body, it is a relatively weak crime among the crimes of abandonment of the infant.

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