2020 Highest 2838 Fruits, etc.

○○○ (93*********), Notes

Gwangju Seo-gu

Young-nam Cancer District in the original domicile

Final leather (prosecution), Kimdo-hee (Public trial)

Law Firm White

[Defendant-Appellant]

on June 3, 2021

Defendant shall be punished by imprisonment without prison labor for six months.

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

Punishment of the crime

The Defendant is the father and mother of the victim Kim ○ (Mon, 2019). The Defendant drinking alcohol together with her natives, and returned home to Gwangju Seo-gu around October 26, 2019, around 07:30.

The Defendant sleeped the victim at the above date, time, and place, after eating milk, with a height of 20 cm above 20 cm. The victim sleeps abele at a 100-day infant after the birth, and sleeps in cases of fall to the bed if the sleeps without properly overing the 10-day infant and the slicks. In such cases, the parent was obliged to pay due attention to the sleeps so as not to cause danger to the life and body of the victim.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and caused the victim to die of non-permanent closure at around 11:00 on the same day.

Reasons for sentencing

1. Scope of applicable sentences by law: One month to two years of imprisonment without prison labor; and

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Death and Injury from Negligence (Type 1)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, 6 months to 1 years of imprisonment without prison labor

3. Determination of sentence: One year of a suspended sentence of imprisonment without prison labor for six months;

It is an unfavorable circumstance that there is an excessive result of the death of a baby who has not passed more than 100 days after birth.

However, the defendant was the first offender with no criminal records and caused this case due to negligence.

As the mother of the deceased victim, the Defendant seems to have suffered a large amount of mental pain, such as the reduction of liability for the crime and the latter, due to the instant case. This is an advantageous circumstance.

In addition, in consideration of the age, character and conduct, occupation and environment of the defendant, motive and background leading to the crime of this case, circumstances after the crime, etc. and all the sentencing conditions shown in the records and arguments of this case, the punishment like the order shall be determined.

Judges Park Sang-soo