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(영문) 광주지방법원 2016.07.14 2016고단326
영아유기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On December 13, 2015, at around 20:00, the Defendant gave birth to a male infant at a toilet in Gwangju Mine-gu C apartment house, and a toilet in 105 dong 1006, and the Defendant’s birth was not known, and the Defendant’s mother was not aware of the Defendant’s childbirth.

On December 13, 2015, the Defendant: (a) at around 23:10 on December 13, 2015, at a place where the said infant was sealed in the water on the Defendant’s side and abandoned the house, the Defendant left the house on the table in the “E Park” female toilets located in Gwangju Mine-gu D.

Accordingly, the defendant predicted that he could not raise his child and abandoned his lineal ascendant and descendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written appraisal;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 272 of the Criminal Act applicable to the facts constituting an offense and Article 272 of the choice of punishment;

1. The crime of abandonment of a baby in this case on the grounds of sentencing under Article 62(1) of the Criminal Act, is not punishable in light of the following: (a) the Defendant, as her mother, committed an act that may cause danger to the newborn baby’s life and body; and (b) the Defendant, as her mother, committed an act that may cause danger to the newborn baby’s life and body.

However, in light of the following facts: (a) the Defendant left a baby at a place where she was kidd by the Defendant’s desire to take part in the infant, while leaving the infant, and as a result, it was found within a relatively long time that he became infant, and the state of health is good; (b) the Defendant is a person to be adopted; (c) the Defendant was born at the time of the instant case; (d) the Defendant was not aware of the birth; and (e) the economic conditions were not good; and (e) there were some circumstances that may be taken into account in the course of the instant crime; (e) the Defendant did not have any other criminal history other than the fine for larceny; and (e) the Defendant’s age, sex, environment, and the instant crime.

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