(영문) 수원지방법원 2014.04.09 2013고단6750

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(영문) 수원지방법원 2014.04.09 2013고단6750

영아살해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On October 2012, the Defendant was pregnant after having sexual intercourse with B in the vicinity of the water station located in Suwon-si, Suwon-si, and was given birth of the victim's name in the toilets located in Da-201 on August 13, 2013.

The Defendant, without wanting to raise the victim, laid the victim in a sloping with a view to playing and spreading, left the sloping door, etc. containing the water, and laid the back of the victim into the sloping door to the inside of the sloping door, and tried to kill the victim.

Accordingly, the defendant, who is a lineal ascendant of the victim, predicted that he could not raise the victim, and killed the victim immediately after delivery.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 251 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. It is clear that the crime of this case in the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act requires a strict punishment in light of the importance of life as one of the serious crimes that deprives a human life.

However, at the time of the crime of this case, the defendant was not married as 21 years of age at the time of the crime of this case and was unable to raise her child under the circumstances where she was unable to accurately know her life and body, and the remaining crime of this case was committed. The most suffering from the crime of this case leads to the crime of this case. The defendant himself and herself will eventually remain in a big situation where she could not be forgotten for the defendant. The defendant voluntarily surrenders to investigative agencies immediately after the crime of this case, and other various sentencing conditions specified in the arguments of this case, such as character and behavior of the defendant, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제251조

유사 판례

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