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(영문) 창원지방법원 2016.04.07 2016고단145
영아살해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2014, the Defendant, who murdered a baby, was pregnant and became aware of the pregnancy around December 201 of the same year after having been imprisoned with a male son and her family. However, without treating the hospital, the Defendant was hiding the fact of pregnancy to the male her family and her family without treating the hospital.

At around 00:00 on July 31, 2015, the Defendant was sleeped in the Defendant’s house located in Seongbuk-gu E apartment complex, Sungwon-si, Sungwon-si, and slicked the victim’s infant.

As above, the Defendant: (a) anticipated that the victim was born as a female without marriage immediately after the victim’s marriage, and anticipated that the victim could not raise his or her child; and (b) caused the victim’s death by repeatedly preventing the victim from entering the victim’s seat with his or her hand by repeatedly preventing the victim’s injury, thereby murdering the baby immediately after the childbirth.

2. The Defendant: (a) temporarily and at the above time and place, when the victim died, concealed the victim’s room in the plastic garbage bags; and (b) abandoned the dead body by means of dumping the waste collection of the above apartment complex around 09:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to death certificates, on-site identification photographs, each gene appraisal report, and autopsy appraisal report;

1. Article 251 of the Criminal Act (the point of murder of a baby) and Article 161 (1) of the Criminal Act concerning the crime (the point of abandonment of a corpse) of the relevant Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment heavier than that prescribed for murder of a baby);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order is due to pregnancy and sudden childbirth that the defendant did not want.

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