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(영문) 부산지방법원 서부지원 2020.01.16 2019고합171

특정범죄가중처벌등에관한법률위반(보복상해등)

Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

At around 01:03 on July 16, 2019, the defendant was a neighboring resident living in the apartment like the victim B(55 years of age), opened a string door that was not corrected by finding in the house of the victim of the plaintiff of the Ho-gu Busan Seo-gu C apartment D, Busan, and entered the house. The defendant was able to get the victim, but he was unable to see, but the victim was refused to talk, and the defendant was able to take part in the face and body part of the victim for about 1 hour.

As a result, the Defendant inflicted bodily injury on the victim, such as the bones, the right chain, etc., and caused the death from the victim's house at around 05:40 of the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to drillings (victims and suspect gene appraisal reports and autopsy reports);

1. Grounds for sentencing under Article 259 (1) of the Criminal Act with respect to the relevant criminal facts;

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

2. Aggravation of types 3 (where the result of death has occurred) (Special Aggravation) (Special Aggravation) of bodily harm to violent crimes according to the sentencing guidelines: The area of aggravated punishment [the recommended area and the scope of recommended punishment], the area of aggravated punishment (the recommended area and the scope of recommended punishment), 4 years to 8 years.

3. According to the decision of sentence, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive, means and result of the crime, and various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime.

The crime of this case is committed in light of the following: (a) while under the influence of alcohol, the Defendant found the victim and inflicted an injury by making a non-discriminatory assault over a hour; and (b) neglected it as it is, thereby causing the death of the victim; (c) the degree of the assault exercised by the Defendant is heavy; (d) the Defendant continued to commit a long time assault; and (e) neglected the victim as it is.