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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 14, 2016, around 05:44, the Defendant abandoned a male baby born to the Defendant at the 5th day prior to the entrance 15th day of May, 14, 2016, in a manner that is covered by the rule of municipal taxation, and is put up for a period of 15th day prior to the entrance 15th day of May, 14, 2016, for the reason that it is difficult for the Defendant to rear the baby born to the Defendant’s residence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in the police statement protocol against B; and
1. Statement of materials related to verification and appraisal of friendly children;
1. Application of statutes on images of on-site photographs;
1. Relevant Article 272 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution does not constitute a crime and criminality in light of the following: (a) the Defendant, as her mother, committed an act that may pose a risk to the life and body of a newborn baby, and (b) the Defendant committed an act that may pose a risk to the life and body of a newborn baby.
However, in light of the following: (a) the Defendant: (b) abandoned a baby in front of the subway station in which she was able to take care of his/her infant while driving; (c) was found within a relatively long time; (d) was sent to an emergency room in the hospital; and (c) was handed over to the care center for infants; and (d) the Defendant could not have known of his/her birth at the time of the instant case; and (e) was unable to know of his/her economic condition; and (e) there were some circumstances that may be somewhat considered in the course of the instant crime; and (e) said, he/she would directly raise a baby if there were economic conditions in the future.
Considering all the circumstances, such as the fact that the defendant is in the same place, and there is no criminal history, the sentence is determined as ordered and the execution of imprisonment is suspended.
It is so decided as per Disposition for the above reasons.