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(영문) 대구지방법원 의성지원 2013.11.19 2013고합33

상해치사

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is a de facto marital relationship that is living together with the victim C(n, 47 years old) and about two years ago.

On September 3, 2013, at around 06:30, the Defendant: (a) reported that the victim does not enter the house of pro-gu E located in the Ma-gun of Seongbuk-gun, North Korea, and was drinking at the house of E at the latest time; and (b) asked the victim for the investigation; (c) the victim did not properly talk and talk; (d) brought the victim’s face part of the victim’s face 3:4 times; and (e) moved out of the visiting by taking breath; (c) however, the victim was able to continuously enter the room and let the victim take a physical part of the victim’s body by sportsing it; and (d) the victim took a physical part of the victim’s body, and (e) took part in a physical part; and (e) let the victim walk the body of the victim.

5. From 11:10 to 10, the death was caused by acute cerebral cerebral typosis and cerebral cerebral typosis escape in the F Hospital’s middle-patient room.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A report on investigation (Attachment, such as a site and photograph of the corpse), and a report on actual condition investigation;

1. The application of Acts and subordinate statutes to a death certificate and a written request for appraisal;

1. The reason for sentencing of Article 259(1) of the Criminal Code of the pertinent Article on criminal facts [decision of the type] in the case where the result of death resulting from ordinary injury to the victim [decision of the recommending area] basic area / [the scope of recommending punishment ] 3-5 years [general person] imprisonment - mitigated element : imprisonment 3-30 years [the scope of sentencing] imprisonment / imprisonment 3-30 years [decision of sentencing] imprisonment 4 years] imprisonment : the defendant is dissatisfying with depth of the crime of this case, and the crime of this case was committed contingently by dissatisfying the victim who was de facto marital relation and drinking with the victim who was de facto marital relation.

A disadvantageous situation: The defendant's assaulted a female victim without any restraint, resulting in the death of the victim.