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(영문) 서울중앙지방법원 2020.10.20 2020고단5189
영아유기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a social work personnel.

At around 21:30 on January 20, 2020, the Defendant: (a) abandoned the baby by setting up the victim with his/her own seat in the beebbe, and leaving his/her place, on the ground that it is difficult for the Defendant to raise the victim D, who is his/her child, to economic and family environment, before the CJ in Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The place where the suspect remains vacant;

1. A infant photograph;

1. Investigation report (Attachment of results of the electronic inspection);

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Relevant Articles of the Criminal Act and Article 272 of the Criminal Act concerning the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, who is the father, abandons his or her infant, who is his or her own child, thereby causing danger to the infant's life and body, and the nature of the crime is not weak.

However, the Defendant’s abandonment of a baby at a place in contact with the length of the baby was rescued within a short time, and even until now, it seems that there was no specific risk to the life and body of the baby, and the horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s horse’s body seems not to have occurred, or appears to have no intention to rear the baby’s infant’s body. The Defendant appears to have an active intention to rear the baby, in the investigative agency and this court, and in this court, the Defendant appears to have shown the intention to rear the baby again, to recognize the entire crime of this case, and to reflect in depth the mistake, and to be considered as a first offender with no previous record of criminal punishment.

In addition, considering all the circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, the execution of the sentence against the defendant shall be suspended at once. It is so decided as per Disposition.

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