The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the misapprehension of the legal principle, leaving an infant who is protected in a hospital newborn room does not constitute “organic”.

B. The lower court’s sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the term “organic” in the crime of abandonment of a baby constitutes two situations where a lineal ascendant abandons a baby and leaves the baby without protection, thereby causing danger to his/her life and body.

However, according to the evidence duly examined and adopted by the court below, the defendant left a newborn baby to the newborn baby room of a hospital and left the hospital without any speech to the persons related to the hospital, and the above facts of recognition occur in the following circumstances, that is, the defendant's absence of a legal guardian as the defendant left the hospital without any speech, and even though the defendant protects the baby in the newborn baby room of a hospital.

In consideration of the fact that this is a temporary and temporary measure, it is judged that the defendant is in a state where he does not protect his newborn baby, thereby causing danger to his life and body.

Therefore, the defendant's above assertion is without merit.

B. The circumstances may be considered in favor of the Defendant’s confession and reflects the Defendant’s determination on the assertion of unfair sentencing, the fact that the Defendant appears to have grow up in an uncertain family environment, and that he appears to have been an institution to protect the child temporarily even if he did so.

However, the defendant committed the crime of this case during the period of repeated crime, and the defendant has been subject to a disposition of suspending indictment for the crime of abandonment of a baby even before, and the defendant was expected to complete the adoption procedure if he was in an unmarried mother facility only for 15 days, even though he was expected to complete the adoption procedure, he did not take the period and throw away the baby, and is therefore disadvantageous.