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(영문) 춘천지방법원 강릉지원 2016.06.30 2016고단607
영아유기
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendants, who are living together with the Defendant, given birth to the victim’s male baby in the mutual infinite-si, Leecheon-si, the Defendants decided that they could not raise the victim due to economic circumstances despite the legal obligation to rear and protect the victim, and conspired to abandon the victim.

On August 20, 2015, the Defendants: (a) accommodated “E” 506 located in Gangseo-si, Gangnam-si; (b) escaped with the victim on August 21, 2015, the following day; (c) 08:45, on August 21, 2015, the Defendants escaped with the victim on the bed of the said heading room.

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

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to report the occurrence of abandoned infants;

1. The choice of imprisonment under Articles 272 and 30 of the Criminal Act and the choice of punishment for the crime;

1. Although the Defendants, who were not subject to criminal punishment for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, have no record of criminal punishment on the grounds that economic situation is difficult, the crime of abandoning the baby’s health is inferior, the baby maintains the state of health, and the adoption is saved.

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