beta
(영문) 부산지방법원 2015.12.04 2015고합381

상해치사

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 25, 2015, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for fraud at the Busan District Court. On July 3, 2015, the above judgment became final and conclusive as it is.

On June 20, 2015, from around 02:40 to around 02:42 of the same day, the Defendant thought that the drunk victim E (the age of 49) took a bath to the Defendant on the front of the "D" coffee store located in Seo-gu Busan, Seo-gu, Busan, and thought that the Defendant took a bath to the Defendant. The Defendant took the victim’s body face with the wall by cutting off the part of the victim with his left hand and pushing the victim with the wall, and caused the victim’s face and part with the wall to be pushed off with the wall, and then, the Defendant sustained the victim by taking the victim’s face and part to the front part of the victim.

As above, the Defendant left the scene without taking any relief measures without reporting the appearance of the victim who was frightened on the floor while getting out of the scene, and on around 03:12 the same day, and the police officers and 119 first responds to the Busan University Hospital after receiving a report from the police officer and the 119 first responds to the victim's heart. From that moment, until 09:05 on the same day, the Defendant sent the victim to the Busan University Hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. Certificates of autopsy;

1. A criminal investigation report (a criminal investigation report on the analysis of CCTV videos), video CDs, and a criminal investigation report (a written request for consultation);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

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

1. Judgment on the assertion of the defendant and his defense counsel under the latter part of Articles 37 and 39(1) of the Criminal Act (the crime above and the crime of fraud for which judgment has become final and conclusive)

1. The summary of the argument is that the victim did not lead to death due to the assault committed by the defendant, and the defendant could not have predicted the above serious result.

2. Judgment of the defendant.