logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2018.07.27 2018노156
영아살해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the part of murdering a baby, which is the primary charge of misunderstanding the facts, the defendant can be found to have dolusence in the year of her death.

B. The lower court’s punishment on the part of abandonment of the body, which is an unfair conjunctive charge for sentencing, is too uneasible.

2. In full view of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of fact, and the circumstances properly presented by the lower court, the evidence submitted by the prosecutor alone proves that the Defendant killed a baby with intention, including doluence, or killed a baby by omission to the extent that it can be evaluated equally as an act, to the extent that there is no reasonable doubt that the lower court’s deliberation was conducted.

It is difficult to see it.

In the process of delivery of infant, the Defendant dumpeddd and cut down several times, and discovered late to his family and transmitted it to the hospital. In light of the Defendant’s situation immediately after delivery and the Defendant’s situation, etc., it was objectively proven without reasonable doubt that the Defendant was objectively able to immediately take necessary measures for the relief of infant, but failed to do so.

It is difficult to see it.

We do not accept the prosecutor's assertion of mistake.

3. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

Examining the conditions of sentencing as indicated in the instant records and changes, and the reasons for sentencing of the lower judgment, even if the Prosecutor considered all the circumstances asserted on the grounds of appeal, the lower court’s sentence cannot be deemed unfair on the ground that it was unhutiled and unreasonable.

We do not accept the prosecutor's improper assertion of sentencing.

4. 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.

arrow