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(영문) 대구지방법원 안동지원 2017.01.19 2016고합46

상해치사

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

In permanent residence C, the defendant operates a mutual entertainment point, "D's main points", and the victim E(41 tax) relationship was a social priority relationship.

At around 00:33 on September 14, 2016, the Defendant: (a) received the call from the employees of the said main shop that the Defendant sought the victim and the Defendant; (b) intended to talk; and (c) avoided the disturbance; and (d) entered the said main shop A room and entered the victim “humd dynasium dynasium”

“The victim’s face level” was called as “(i) one time,” and (ii) the victim’s face part was flicked by drinking, (iii) the victim’s face and head was 2:3 times in drinking, (iv) the victim’s face was blicked with the victim, and (v) the victim’s body was flicked into the victim’s body, (v) twice in drinking, the victim’s face was flicked, (v) the part of the victim’s face was flicked, (v) the part of the victim’s part to work on the floor, and (v) the victim’s side was flicked, and (v) the victim was flicked once again, and the victim was about to work on the floor, and (v) the victim was flicked with the victim’s part to walk on the part of the victim’s face, and (v) the victim’s part was flicked once by spreading the part of the victim’s body.

Accordingly, on September 14, 2016, the victim died of a large quantity of blood ties caused by liver surgery, etc. while being treated in the G hospital emergency room in Andong-si F on September 14, 2016.

Accordingly, the defendant injured the victim's body and caused the death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Records of medical treatment;

1. Application of photographics and the Acts and subordinate statutes on the defendant's standing photographs by capturing a course;

1. Article 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons 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 Orders;

1. Imprisonment with prison labor for not less than three years but not more than thirty years;