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(영문) 전주지방법원 2017.06.30 2017고합10

상해치사

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is a person who habitually assaulted the victim C (at the age of 59) who was under the influence of alcohol due to drinking, sprinking, neting, sprinking, sprinking, etc., whose main wall is under the influence of breath in the middle of breath.

While under the influence of alcohol, the Defendant, while lacking the ability to distinguish things or make decisions, suffered injury to the victim’s face and body due to the following reasons: (a) around November 27, 2015 through December 2, 2015, the Defendant was drunk from the Defendant’s home room located in Jinjin-gu D on the front line on December 2, 2015 to around December 2, 2015; (b) on the ground that the victim’s body was under the influence of alcohol by being aware of the fact that the victim’s face and body is bad, such as drinking, drinking, and influoring, etc., on the ground that the victim was under the influence of alcohol, and that the victim was under the influence of alcohol, and was under the influence of alcohol on several occasions, and caused injury to the victim, such as the opening of the eyebrow part of the eyebrow, and the pand panch sception secting secting sect.

Accordingly, on December 2, 2015, the victim died in light of the 05:00 Madropo-cat shock and Madro-cat Madro-cat.

Accordingly, the defendant injured the victim and caused his death.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement protocol concerning E and F;

1. A protocol of seizure and a list of seizure;

1. A death certificate, a result of the autopsy, a gene appraisal result, a response to a request for appraisal, and a response to a request for medical appraisal;

1. Recording notes and reports (Attachment of tape-recording notes and telephone conversations CDs, etc.), and each photograph;

1. Each investigation report (on-site investigation, statement by an appraiser, additional statement by a medical appraiser, statement by a suspect's child, or statement by a reference witness G telephone);

1. Application of Acts and subordinate statutes as a result of commissioning the mental appraisal of a public medical care and custody center;

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

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria;