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(영문) 부산지방법원 2020.01.31 2019고합489

상해치사

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On May 27, 2019, the Defendant: around 10:30 on May 27, 2019, at the residence of the victim D (the 35-year old-old) who was female-friendly fluoring victim D (the fluor), who was under his/her influence, did not contact with the victim, and arbitrarily changed the entrance door password of the above residential area; (b) when the victim was holding a sofet with the victim "hing breath" in his/her left hand at one time, he/she left the victim, and she took a shock of the victim's arm's body with his/her left hand, and caused the victim's death with his/her hair fluoring on TV and the fluoring on TV: When the victim was under his/her head, the victim was under his/her influence at the victim's body near the TV fluor, and the victim was under his/her influence at one time more than seven times, and he/she was under his/her own influence of his/her hair.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, investigation reports (related to the verification of CCTV images of a building B), photographs, CD images;

1. The application of Acts and subordinate statutes to an investigation report (in respect of the results of autopsy), certificate of medical record, certificate of copy of medical examination, investigation report (in response to a request for genetic appraisal of a suspect's clothes), request for appraisal, statement of request for appraisal, gene appraisal, report on the results of field identification, report on investigation, response to requests for appraisal, and written appraisal of autopsy;

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. The scope of recommendation [decision of types] according to the sentencing criteria and the scope of recommendation [the scope of recommendation field and recommendation range] that there is no person who suffers death [the category 3]. The basic area of recommendation field and recommendation range], three to five years of imprisonment.