Cases
2020 Highest 3314 Youngicide, dead body abandonment
Defendant
A
Prosecutor
Ansan-ju (prosecution), electric power transfer (public trial)
Defense Counsel
Attorney Lee Hun-Hun (Korean)
Imposition of Judgment
September 25, 2020
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to prohibit the operation, employment, and actual labor of child-related institutions for five years.
Seized evidence 2, 8, and 9 shall be confiscated.
Reasons
Criminal History Office
1. Slaughtericide;
Around June 2019, the Defendant was pregnant by drinking his name-free male and female alcohol at an influence point located in Macheon-si, etc., and by drinking her sexual intercourse at neighboring her mothers. Upon learning of pregnancy around January 2020, the Defendant thought that even if her her son and her son were born with no economic ability, her her her son and her son could not nurture her son even if her son and her son were born with no her her her son’s her son, and requested a surgery during pregnancy by finding her her son and her her her son and her hospital. However, the Defendant sought answers from the her her mother and her her doctor that it is impossible to perform a surgery during pregnancy due to the size of her her son and her her son’s son’
On January 20, 2020, the Defendant purchased an abortion from "B", which is a website that illegally sells abortions, and continued to use "unfinites" at the defendant's house located in Busan City from around 23th of the same month to around 29th of the same month.
At around 13:15 of the same month, the defendant was sleeped, and the defendant was sleeped in the defendant's house, and was slicked to live slicks by slicking so that living slicks were slicked. After that, around 13:29 of the same day, the defendant slicks only as above, and laid down the slicks on the toilet floor by leaving the slicks from the slicks, and slicks in the way of leaving the slicks in the water speed of the slicks around 13:37.
As a result, the defendant predicted that he could not care as a lineal ascendant, and murdered a baby immediately after delivery.
2. Abandonment of the dead body.
The defendant put the body of a baby killed as stated in paragraph (1) at the date and time, place, and place as stated in paragraph (1), put the plastic paper into a new stuffing box, put the plastic paper into a new stuffing box, put the lid with soil and sand, put the lid into a toilet located at the house of the defendant by covering the lid with the soil and sand.
On the 30th of the following month, the Defendant moved the above stuff to a receipt room located in the home of the Defendant again, and around the 31st of the same month, the Defendant laid down the above stuff with the Defendant’s soil under the Defendant’s door-to-door entrance stairs around the 31st of the same month.
Accordingly, the defendant abandons the body of a baby.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement made by the prosecution concerning D;
1. Each protocol concerning the examination of the suspect against the defendant;
1. Report on internal investigation (Attachment to the Kakao Stockholm dialogue), internal investigation report (referring to the diagnosis and treatment of a hospital among the details of the AKakakao Stockholm dialogue), extraction, response to each hospital, investigation report (Attachment to photographs taken at the scene team of the scientific investigation at the time the corpse was excavated), inquiry statement, inquiry report, and investigation report (Attachment to a photograph recorded at the scene of the scientific investigation report);
1. Each protocol of seizure and the list of seizure;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 251, 161(1) and 161(1) of the Criminal Act, the choice of imprisonment for life
1. Aggravation for concurrent crimes;
Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act
1. An employment restriction order;
Article 29-3 (1) of the Child Welfare Act
1. Confiscation;
Article 48(1)1 of the Criminal Act;
Reasons for sentencing
In the process of giving birth to the defendant, the defendant's mistake is recognized as a primary offender, and the defendant's unexpected childbirth is anticipated, and the seller's response that the seller had sought advice from the seller of illegal abortion who had been taken by the defendant before giving birth to the seller before giving birth is likely to be a result of the defect in responding to the fact that the seller again puts or lockeds the baby in mountain. However, this case is that the child's mother who should be the absolute guardian of the baby who is born on the side has taken away the baby's life who is not capable of protecting the baby and abandoned the dead body, the crime is bad, even though the defendant was born to the baby in 2019 and adopted the baby immediately thereafter, the child birth in this case again led to the infant's suicide, taking into account the age, character and conduct, environment, family relationship, means of crime, result, etc. of the crime, and other conditions of sentencing as stated in the text of this case after the crime, and the punishment shall be determined as stated in the text of this case.
Judges
Judges Freeboard