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(영문) 대전지방법원 2016.04.28 2016고합48

상해치사

Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

On July 10, 2015, the Defendant was sentenced to eight months of imprisonment for bodily injury, etc. by the Daejeon District Court, and completed the execution of the sentence in the Daejeon Prison on October 17, 2015.

On January 26, 2016, at around 06:50, the Defendant sought to request the victim from the victim D (Woo, 75 years of age) in front of the Dong-gu Daejeon-gu, Daejeon-gu, to change the amount of monthly rent of KRW 100,000,000 for a period of residence from the monthly rent of KRW 200,000,000 that was paid to the victim on February 26, 2015, but the victim tried to report to the police without hearing his her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her s

As a result, the Defendant had the victim receive medical treatment in the emergency room of the Chungcheongnamnam University Hospital in Daejeon-gu, Daejeon-gu, 282, and caused the death of the victim due to brain damage in around 09:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A death diagnosis report and medical record, and a drilling report (written reply to a request for appraisal);

1. Records of photographs, CCTVs and photographs of the scene of a disaster;

1. Previous records: Application of Acts and subordinate statutes to inquiry results, inquiry reports, investigation reports (verification of the period of repeated crimes against the suspect and reporting on attachment of the same case);

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

1. Reasons for sentencing of Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by imprisonment: Three years to fifty years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury to the victim of the crime, the victim of the same kind, and the repeated crime of the same kind, which are vulnerable to the crime, in the area of special aggravation (the term of imprisonment for four years to ten years) (the term of imprisonment for a case where the result of death has occurred).

3. Determination of sentence: Imprisonment with prison labor for the defendant for a period of seven years shall be the face of the victim who is in excess of the consideration of the victim’s side;