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(영문) 수원지방법원 평택지원 2016.10.27 2016고단974
영아유기
Text

Defendants shall be punished by imprisonment for one year.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the incidental of Defendant B, and the Defendants are the mother of female.

Defendant

A, around February 16, 2016, around 07:30, gave birth to a baby at the residence toilet of the defendant A, 206 Dong Dong 606, Dong Dong 606.

The defendants conspired to abandon the above infant because they do not have conditions to raise the above infant, put the baby in the stoves with clothes, put it in the stoves of stoves, and put it inside the E-post office parking lot located in Gyeonggi-si D.

As a result, the Defendants conspired to abandon a baby.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. Photographs of moving routes of suspects extracted from the scene of damage and surrounding CCTV;

1. Application of the statutes on response to requests for appraisal;

1. The Defendants: Articles 272 and 30 of the Criminal Act; the Defendants’ choice of punishment and relevant Articles of law regarding criminal facts; and the choice of imprisonment

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation and community service order: The Defendants, on the grounds of sentencing in Article 62-2 of the Criminal Act, abandoned a newborn baby’s life in a dangerous state by the Defendants. At present, according to the Defendants’ renunciation of custody, the Defendants had a large amount of standing and living conditions without any error.

It is difficult to see that it is desirable for the future to suppress the rearing of the Defendants by strictly punishing the acts of abandoning the maternity and evading the rearing as a punishment, and it is better to give the children an opportunity to grow up in the rearing environment without any responsibility.

Defendants are expected to commit crimes through community service, etc. and sentence of sentence shall be determined.

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