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(영문) 창원지방법원 통영지원 2018.01.25 2017고단1635
영아유기
Text

Defendants shall be punished by imprisonment for six months.

However, each punishment against the Defendants for one year from the date of the final judgment of this case.

Reasons

Punishment of the crime

In the case of a married couple, the Defendants are unable to care for a baby due to family circumstances, such as that there are four children already born by Defendant B while having given birth to a male baby on September 16, 2017 and one of the children has a intellectual disability.

I think, I thought that we will see it, and 12:11 on the same day, D previous houses were given birth on the alleyway.

As a result, the Defendants anticipated that they would not be able to take care of, and abandoned the infants about nine hours after their birth.

Summary of Evidence

1. Defendants’ respective legal statements

1. A criminal investigation report (on-site dispatch photographs), a criminal investigation report (CCTV image analysis), and a criminal investigation report (on-site verification report);

1. Application of Acts and subordinate statutes to family relation certificates and gene appraisal records;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 272 and 30 of the Criminal Act and the choice of imprisonment

1. The Defendants are subject to suspended sentence under Article 62(1) of the Criminal Act: (a) the Defendants’ grounds for the sentencing under Article 62(1) are as follows: (b) the Defendants’ act without any responsibility for the infants; (c) and (d) were committed against the infant’s life and body danger; (d) however, the Defendants were found to have been found early due to abandonment of the housing price, and there seems to be no particular degree of health conditions; (e) the Defendants reflects the mistake in depth by recognizing the instant crime; (e) the number of children raised by the Defendants and their family environment; and (e) the Defendants’ age, sex behavior, motive, means and consequence of the crime; and (e) all the conditions of the sentencing as indicated in the instant records and the theory of changes, such as the circumstances after the crime.

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