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(영문) 대전지방법원 2016.11.02 2016고단2900
영아유기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On March 19, 2016, the Defendant: (a) given birth to 350,000 women’s children in the body of 2050g of pregnancy from the 1119 first-round on the non-regular interval; and (b) was hospitalized in the Hanam University Hospital on the same day, along with the birth day.

On March 21, 2016, the Defendant, at the above hospital’s middle-patient’s hospital, established a baby being treated due to waste collection, etc., and discharged the baby from the hospital after completing the treatment of the infant. However, the father of the above infant was not aware of the exact personal information, etc. as a male living together with the baby, and the Defendant was deemed to have difficulty in raising the baby due to lack of economic ability, and the Defendant went away from the contact while leaving the infant in the hospital’s middle-patient’s room.

Accordingly, the defendant predicted that he could not raise his child, and abandoned his infant.

2. The Defendant who conceals property is 120,000 won, citing the 120,000 won in the purchase market price of the 10,000 square meters, which is owned by the victim and 120,000 won, so that the victim E, who reported the Defendant’s assault to the police, does not drive the victim’s her own.

Accordingly, the defendant concealed another person's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to written E;

1. Article 272 of the Criminal Act, and Article 366 of the Criminal Act concerning the crime (the occupation of a baby, the choice of imprisonment), Article 272 of the relevant Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Apr. 1, 201);

1. Probation under Article 62-2 of the Criminal Act;

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