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(영문) 서울중앙지방법원 2013.05.24 2012고합1690

상해치사

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On September 23:35, 2008, the Defendant: (a) viewed the victim F (40 years of age) from the “OB wave of the Korean E theater located in Gangnam-gu Seoul, Seoul, as an enterprise listed on KOSDAQ,” as an enterprise listed on KOSDAQ; (b) took a conversation with the victim on the ground that the Defendant’s demand to remove his hand in connection with the acquisition of the above company was not taken by the victim; (c) taken a drinking face from the victim on the ground that he did not take the victim’s seat; and (d) took up against this demand, the Defendant 10cm in length, 13cm in length, 2.2cm in width, 3cm in width, and 2.3cm in depth in length, 3cm in length, and 5cm in width, etc. of the victim’s body on the part of the Defendant on the ground that the Defendant was not taken by the victim on the part of the victim.

At around 00:15 of the same month, the Defendant caused the death of a victim who was under medical treatment in the emergency room of a He Hospital located in Seocho-gu Seoul Metropolitan Government G by a heart fec, etc. accompanied by a chest fec.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of a witness I;

1. Each prosecutor's protocol of statement against J and K;

1. Each police statement of L/M;

1. A corpse autopsy report and autopsy report, site and victim's photograph;

1. Application of Acts and subordinate statutes to the records of seizure, crime attempted, arrest and delivery, etc. photographs, investigation reports, autopsy reports, and written appraisal of autopsy;

1. Relevant Articles of the Criminal Act and Article 259(1) of the Criminal Act concerning the facts constituting an offense [the maximum of imprisonment with prison labor shall be 15 years prescribed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)] to determine the punishment pursuant to the main sentence of Article 8 and Article 1(1) of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for not less than three years but not more than 15 years;

2. The scope of recommendations in accordance with the sentencing criteria [decision of types] violence, general injury, and injury.