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(영문) 광주지방법원 2020.11.12 2020고단904
영아유기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 13:10 on January 21, 2020, the Defendant gave birth to a female in Gwangju Northern-gu B and the Defendant’s workplace.

The Defendant, while hiding a pregnant woman in and around the neighborhood, was fluoring a pregnancy, brought about a baby with the mind that the fact would have been known to the surrounding area, and left the baby at around about 20 meters away from the toilet with the abandoned clothes, and then left the vegetable vegetable with approximately 20 meters away from the toilet.

Accordingly, the defendant, as a lineal ascendant of the baby, abandoned the baby in order to conceal the desire as a baby.

Summary of Evidence

1. Defendant's legal statement;

1. On-site identification reports, response to requests for appraisal, and written genetic appraisal;

1. Application of Acts and subordinate statutes to investigation reports (related to the identity of the suspect and the background of arrest), investigation reports (related to the attachment of field photographs), investigation reports (related to the attachment of a written reply to appraisal);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is the confession of the defendant to commit a crime and reflects his mistake; the defendant is the first offender who has no record of punishment for intellectual disability Grade 3; the injured infant was delivered to a specialized child protection agency and the crime in this case did not cause any additional damage or danger due to the crime in this case; and the defendant's age, character and behavior, environment, motive for committing a crime, circumstances after committing a crime, etc. as set forth in Article 51 of the Criminal Act shall be comprehensively considered in the arguments in this case, and the sentence shall be determined as ordered

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