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(영문) 수원지방법원 2014.4.9.선고 2013고단6750 판결
영아살해
Cases

2013 Highest 6750 Infantide

Defendant

prescribed (1), 91 year old, female, and non-permanent

Accommodation-si

Standard place of registration

Prosecutor

Kim Jong-soo (prosecution), and a trial

Imposition of Judgment

April 9, 2014

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive. To order the defendant to provide community service for 200 hours.

Reasons

Criminal History Office

On October 2012, the Defendant, at the vicinity of the water station in Suwon-si, was pregnant after having a sexual intercourse with the Haak-si, and on August 13, 2013, given birth to the victim’s name in a toilet located in the Geong-gu, the wife population at Geong-si on August 13, 2013.

The Defendant, without wanting to raise the victim, laid the victim in a sloping with a view to promulting him, with a view to leaving the sprink, in which the victim contains the water, and then sufficiently divided the victim’s back into the sprink and then killed the victim. Accordingly, the Defendant, who is a lineal ascendant of the victim, anticipated that the Defendant could not raise the victim, and subsequently murdered the victim immediately after the delivery.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article applicable to criminal facts;

Article 251 of the Criminal Act; 1. Suspension of Execution

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Social service order;

Article 62-2 of the Criminal Act

It is clear that the crime of this case in the reason of sentencing is a serious crime that takes the life of a human being and requires strict punishment in light of the importance of life.

However, at the time of the crime of this case, the defendant was not married as 21 years of age at the time of the crime of this case and was unable to raise her child under the circumstances where she was unable to accurately know her life and body, and the remaining crime of this case was committed. The most suffering from the crime of this case leads to the crime of this case. The defendant himself and herself will eventually remain in a big situation where she could not be forgotten for the defendant. The defendant voluntarily surrenders to investigative agencies immediately after the crime of this case, and other various sentencing conditions specified in the arguments of this case, such as character and behavior of the defendant, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered.

Judges

Judge Song Byung-hun

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