Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
피고인은 2012. 5. 20 18:00경 부산 금정구 C건물 2004호 피고인의 집 안방 화장실에서 변을 보던 중 자신이 임신하고 있던 피해자인 영아(성명불상)를 출산하게 되자, 치욕을 은폐하고 갑상선 암으로 인한 치료로 인한 합병증으로 몸이 불편하고 정신이 혼미하는 등 특히 참작할만한 사유로 인하여, 변기 안에서 “켁켁” 거리는 소리를 내는 영아의 목을 양손으로 힘껏 잡고 졸라 영아로 하여금 경부압박에 의한 질식으로 사망하게 하였다.
Accordingly, the defendant murdered a baby immediately after childbirth due to the concealment of the desire and the reason for special consideration.
Summary of Evidence
1. Defendant's legal statement;
1. Part of the police statement concerning D;
1. The application of statutes to requests for autopsy, requests for autopsy, replys to requests for appraisal, replys to requests for appraisal, and applications of requests for appraisal;
1. In light of the circumstances such as the following: (a) the reason for sentencing under Article 251 of the relevant Article of the Criminal Code of the relevant criminal facts concerning the crime of this case: (b) the Defendant was in the aftermath of the Athyam and was hospitalized in several times while being in a three-dimensional surgery; (c) it appears that it was difficult for the Defendant to have had sufficient mind to make a dualistic judgment at the time of the commission of the crime with the aggravation of interest immediately after the childbirth in the definite health condition; (d) the Defendant made an effort to late after the crime and rescue the baby; (e) the fact that the Defendant recognized the criminal facts; and (e) the fact that the Defendant was the largest victim caused by the crime of this case, which can be seen as the Defendant, there is doubt as to whether the punishment against the Defendant
However, if we consider, however, that the mother's body of the mother's mother's body is more familiar and respected than what is the legitimate mother's life, that should be dealt with in the world's life, and that concern about the time of life, regardless of the above circumstances.