(영문) 인천지방법원 2019.10.04 2019고단4953

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.10.04 2019고단4953

영아유기

Text

A defendant shall be punished by imprisonment with prison labor for four 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

At around 22:30 on March 28, 2019, the Defendant gave birth to mixed male baby at the Defendant’s residence toilet located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, but did not have the ability to care for the baby economically and economically without knowing who is the father of the baby.

At around 23:25 on the same day, the Defendant abandoned a baby by leaving the baby in front of the building of the Diplomatic Association in Yeonsu-gu Incheon Metropolitan City as it is.

Summary of Evidence

1. Defendant's legal statement;

1. A list of infant photographs and 112 reported cases at the time of discovery;

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

1. Application of Acts and subordinate statutes to drillings;

1. Article 272 of the Criminal Act applicable to the facts constituting the crime, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines (a decision of type), and arrest, confinement, abandonment, or abuse;

(a) General standards attached [Type 1] general amusement and abuse (special person): mitigated factors: motive for the crime (the scope of recommending area and recommended punishment) mitigated area; imprisonment with labor for one month to eight months;

2. The sentencing conditions indicated in the records of the instant case, such as the sentencing guidelines, the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, circumstance after the crime, etc., are taken into consideration as follows: (a) the fact that the Defendant was unable to notify the neighbors of the decision of sentence and appears to have caused the instant crime in the state of insufficient judgment by giving birth to the neighbors; (b) the health of infants is the primary offender; and (c) the Defendant was the primary offender; and (d) the Defendant was the primary offender

참조조문

-형법 제62조 제1항

-형법 제272조

유사 판례

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