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(영문) 수원지방법원 여주지원 2016.06.23 2016고합23
영아유기치사
Text

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

Reasons

Punishment of the crime

Around 04:00 on January 5, 2016, the Defendant gave birth to a pregnant female baby between D and a pregnant female baby at the home of the Defendant located in Ischeon-si, Leecheon-si, and anticipated that it would not be possible for the Defendant to conceal the desire, and that it would not take any measures necessary for the victim’s survival, such as removal of foreign substances, such as taking over the ccos and the arms of the victim, etc., and abandoned the victim by leaving the victim alone as it is, thereby causing the victim’s death in the newborn family.

Summary of Evidence

1. Statement by the defendant in court;

1. A death certificate and a written appraisal of autopsy;

1. A physical investigation report, report on the results of field identification at the scene of a disaster investigation, internal investigation report (for reference E -F high school health care department), internal investigation report (for reference G -G testimony and president);

1. Application of Acts and subordinate statutes concerning the site and autopsy photographs;

1. The latter part of Article 275 (1) of the Criminal Act and Article 272 of the same Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for one year and six months - 15 years;

2. The range of recommended punishment according to the sentencing guidelines [the range of punishment for a crime] organic abuse, or death (the death by abandonment) (the person subject to special sentencing] that may be considered as mitigated factors (the scope of recommended punishment] mitigated areas, one year and six months in imprisonment, and three years;

3. Determination of sentence: One year and six months of imprisonment with prison labor is hedging with a person who is expected not to be responsible for a baby after pregnancy, and even his family members are unable to give notice of pregnancy, and it appears that the crime of this case in the situation where the victim was created, and there was no hyp and yellow dust alone, and the defendant is the first offender, and the defendant reflects wrong, and is suffering from considerable pain due to the crime of this case.

However, the defendant is given birth when he is a woman of the 20th first half who graduated from a university, such as obtaining a nursing assistant certificate from a high school.

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