The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The sentencing of the court below (five years of imprisonment) is too unreasonable.

2. The crime of this case is a serious crime for which there is no room for defense because the body of this case is abandoned to the public place after the victim 15 days have passed since her birth after her childbirth was killed, and the crime of this case is very heavy.

However, at the time of committing the instant crime, the Defendant was suspected of having difficulties in raising three children while leaving the place close to her husband at the time of committing the instant crime. The Defendant was suspected of not having a friendly relationship on the ground that blood type does not coincide with her husband since the Defendant given birth to the victim. If the Defendant continues to have been aware of the victim, the Defendant, as well as other three children between the Defendant and her husband, and the husband, continuously listen to verbal abuse that she would die and die with her husband, thereby resulting in the instant crime in an unstable psychological state in mind. The Defendant had no criminal history prior to committing the instant crime. The Defendant was a usual family principal body; the Defendant had three children attending an elementary school other than the victim; the Defendant reflects her wrongness; the Defendant’s age, character and conduct, family environment, circumstances leading to the instant crime, etc.; and the sentencing conditions in the pleadings after committing the instant crime are too unfair. In full view of all circumstances, the lower court’s sentencing against the Defendant is acknowledged as unjust.

The defendant's above assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

This is the same as the judgment of the court below on facts and evidence.

Application of Statutes

1. Relevant Article 250(1) of the Criminal Act and Article 161(1) of the Criminal Act (the occupation of murder and the choice of limited imprisonment) for criminal facts.