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(영문) 대구고등법원 2019.07.18 2019노193
영아유기치사등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in October, and one hundred and twenty hours of community service) declared by the court below is too uneasy and unreasonable.

2. The instant crime did not take ex post facto measures necessary for survival such as transferring the victim, who was given birth to a baby, to a hospital, providing necessary nutritions, etc., and led the victim to death by leaving the victim under his/her responsibility, and then abandoning the victim’s body. The crime’s nature and circumstances are heavy, and the result of the crime is heavy.

However, the defendant is the first offender, and the defendant acknowledges the crime of this case and reflects the mistake.

The Defendant, without notifying his family of the fact of pregnancy, gave birth to the head of the toilet more neglected, and, in the absence of a yellow situation after the childbirth, it is difficult for the parent to know that the fact of childbirth is known to the parent.

There are circumstances in which the victim did not take necessary measures and caused the crime of this case, thereby taking into account the circumstances.

The father of the defendant promises the defendant to guide and prevent recidivism in the future.

In addition, considering the various circumstances revealed in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, motive, means, results, etc. of the crime of this case, and the scope of recommended sentences according to the sentencing guidelines, the sentence imposed by the court below cannot be deemed as being too appropriate and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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