beta
(영문) 의정부지방법원 2020.01.16 2019고합284

상해치사

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

[criminal record] On November 25, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two months at the Jung-gu District Court for the crime of larceny at night, and completed the execution of the sentence in the Ansan Prison on September 20, 2017.

【Criminal Facts】

On August 30, 2019, the Defendant 21:30 on August 21, 2019, while drinking alcohol in the Daho Lake, the second floor of the building B, in front of the visit of the victim E (the age of 56) who was residing in the Dorop Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro Doro, and the Defendant Doro Doro Doro Doro dro Doro dro Doro dro Doro dros

As a result, the victim died from around 07:00 to around 08:00 on the following day from the above D's room to the blood transfusion of the second side.

Ultimately, the Defendant inflicted injury on the victim as above and caused the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The F's statement by each police officer;

1. The photograph and the inspection record;

1. Previous records of judgment: Application of criminal history records, inquiry reports, and criminal investigation reports (verification of facts during the period of repeated crimes)-related statutes;

1. Article 259 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing of the proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: Three to fifty years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment [decision of types] used to commit violent crimes: general bodily injury [Type 3] and no person who has a special appearance] in the event of death [the scope of recommendation and recommendation] (the scope of recommendation field and recommendation range], three to five years in imprisonment.

3. Determination of sentence: Imprisonment with prison labor for a five-year defendant brought about the death of the victim by taking a part of the victim's head head into drinking and launching, on the ground that he/she was able to take a bath to himself/herself while taking a bath for himself/herself.

The criminal liability is heavy in that it is an offense that causes the death of the victim.

Defendant’s judgment.