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(영문) 부산지방법원 동부지원 2018.04.05 2018고단299
영아살해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On November 30, 2017, the Defendant murdered a baby with another hand in order to prevent the victim from raising his/her name after having given birth to the victim who was missing in his/her name at the Busan Southern-gu Office C2, Busan-gu, Busan-gu, and on the premise that he/she could not raise the victim.

Accordingly, the Defendant murdered a baby immediately after delivery due to the fear that the lineal ascendant or descendant could not conceal or bring up a baby, or due to the extenuating motive.

2. The Defendant abandoned the dead body by putting the victim who kills at the same time and place as the statements mentioned in the preceding paragraph into the toilet stop box and neglecting the body until 18:30 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on occurrence, each photograph, body list at the scene of a change, autopsy report, autopsy report, opinion on autopsy, report on the results of field identification, investigation report (Attachment of a copy of a medical record), autopsy report, and investigation report (related to abandonment of a body);

1. Article 251 of the Criminal Act (the point of murder of a baby) and Article 161 (1) of the Criminal Act concerning the crime (the point of abandonment of a corpse) of the relevant Act;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is the value that should be absolutely protected, and the life of a child born on the side cannot be an exception. This case was the only and absolute guardian of the victim at the time of this case

In order to conceal a sense of shame, childbirth, etc., the defendant who can be said to have caused the death of the victim immediately after the delivery, as well as abandonment of the body, and the nature of the crime is not very good.

However, it is advantageous to the fact that the defendant recognized the facts charged, and the defendant seems to have committed the crime of this case in extremely unstable psychological state immediately after childbirth, and that the defendant is the first offender who has no record of criminal punishment.

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