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(영문) 대전지방법원 2018.04.18 2017고단5017
영아유기
Text

Defendant

The sentence of sentence against A shall be suspended.

Defendant

B shall be punished by a fine of one million won.

Defendant

B above.

Reasons

Punishment of the crime

【Defendant B, on May 3, 2012, sentenced Defendant B to three years and six months of imprisonment for robbery at the Daejeon District Court, and completed the execution of the sentence at Daejeon Prison on July 11, 2015.

【Criminal facts】 The Defendants were living together from around July 7, 2015, and gave birth to the victim E to the child in the mountain father and child located in Seo-gu Daejeon Daejeon on July 7, 2017, but it is difficult for the Defendants to rear the victim due to economic circumstances, etc.

I thought the victim was born to abandon the victim in the vicinity of the nursery.

On November 29, 2017, at around 23:00 on November 29, 2017, Defendants left the front of G road damaged by G, a nursery facility located in the Dong-gu Daejeon, Daejeon.

As a result, the Defendants anticipated that they could not raise children in collusion and abandoned the victims of infants.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement of the reporter;

1. On-site reports (CCTV investigation and search);

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (Attachment of materials related to suspect B repeated crimes);

1. Relevant Articles 272 and 30 of the Criminal Act and the Defendants’ choice of punishment concerning criminal facts: Articles 272 and 30 of the Criminal Act and the choice of fines

1. The criminal defendant A to be suspended from sentence: A fine of one million won;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendant A of suspended sentence: Article 59(1) of the Criminal Act ( considered as favorable circumstances as follows):

1. Defendant B’s order of provisional payment: Defendant B’s abandonment of a baby, which is only five months after the birth of the Defendants on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, to the outside, should be subject to a strict punishment.

Since the Defendants had committed the above actions in the past, it is difficult for the Defendants to easily take into account their green age and economic address, etc.

Defendant

B is currently in the period of repeated crime of this kind, and the defendant A has no record of criminal punishment, but the juvenile protective disposition ability due to delinquency is many.

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