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[유기치사·마약류관리에관한법률위반(향정)·사기·유사수신행위의규제에관한법률위반·방문판매등에관한법률위반][미간행]
Defendant
Jeong Young-chul
Attorney Transferable
A defendant shall be punished by imprisonment for four years.
170 days of detention prior to the issuance of this judgment shall be included in the above sentence.
4,416,00 won shall be additionally collected from the defendant.
On July 1, 2004, the Defendant was sentenced to eight months of imprisonment with prison labor for violating the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Busan District Court on July 1, 2004 and served as the vice president of Nonindicted Co. 4, a multilevel marketing company, after completing the execution of the sentence on October 5
1. In collusion with Nonindicted 5, 6, 7, and 8
A. The fact is that, even if a digital seat photographer (name omitted) rental business is operated by attracting short-term investment from investors, it is impossible to take a way to repay the principal and interest of existing investors in a short-term manner using investment funds held by subordinated investors within a short-term period, and eventually, as long as a new investor is not retained, it is unlikely to pay the agreed high-rate profit, and there is no intention or ability to pay the agreed high-rate profit to investors because of extremely weak monetary foundation for repayment of the principal and interest of investment, etc., but around July 30, 2005, the victim Nonindicted 9 is running a loan business of the digital seat photographer (name omitted) with the victim Nonindicted 10,000,000 won from each of the preceding shares to 120,000 won from 20,000 won from 1.68,000 won from 20,000 won from 1.68,000 won from 20,000 won from 1.61.
(b) No one shall engage in the act of fund-raising without authorization, registration, etc. under the agreement to pay the total amount of investments or the amount in excess thereof in the future without permission, etc., without permission, etc., and without permission, engage in the act of fund-raising without permission, etc., by receiving remittance of the amount equivalent to 1,060,106,200 won in total
C. Even if a multi-level marketing salesperson does not impose an obligation, such as collecting money or goods, regardless of the form of subscription fee, on a person who wishes to be a multi-level marketing salesperson, the act of collecting KRW 1.2 million by registering the victim non-indicted 10 as a multi-level marketing salesperson of the non-indicted 4 corporation at the same place around June 2005 and imposing an obligation upon the person
2. Even if the person is not a narcotics handler:
A. On April 2005, Police Officers purchased approximately KRW 0.3g of psychotropic drugs from Non-Indicted 3 on the street near the luminous beach located in the Suwon-gu, Busan, for approximately KRW 0.3g of psychotropic drugs (hereinafter “clopon”), from Non-Indicted 3;
B. On July 1 of the same year purchased approximately KRW 0.3g 30,000 from Nonindicted 3 at the same place of Happon, and
C. On December 20 of the same year, Nonindicted 3 transferred the purchase price of 50,000 won of philopon to the national bank account of Nonindicted 3, and then purchased approximately two g of philopon from Nonindicted 3 in the 702 office of Seocheon-gu, Seoul Special Metropolitan City (hereinafter omitted) on December 23, 21 of the same month, from the 702 office of Seocheon-gu, Seoul Special Metropolitan City (hereinafter omitted);
D. On March 19, 2006, transferred KRW 300,000,000 from the account transfer to the national bank account of Nonindicted 3, and then purchased approximately 0.1g of philopon from Nonindicted 3 in the non-indicted 23th of the same month at around the 20th of the same month, the Seocho-gu Seoul Metropolitan Government distribution-dong No. 3rd of the bitlopon.
E. On the 21st of the same month, around the new wall, put about 0.05g of the phiphonephones purchased as above into a single-use injection machine, dilution with raw water, and administered them to the Defendant’s left arms, at the time of the new wall.
(f) Medication approximately 0.05 g of philophonephones in the same manner at the same place at least 12 o’clock on the same day;
G. On the 22th day of the same month, Nonindicted 3 remitted the purchase price of phiphones to the national bank account of Nonindicted 3 by account transfer, and then purchasing approximately 0.1g of phiphones from Nonindicted 3 in the above non-indicted 3’s non-indicted 23th day of the same month at the time of the new wall;
H. Around July 17 of the same year, Nonindicted 11 received 500,000 won of the purchase price of a philopon from Nonindicted 11 on the street around the 24th of the same month, and purchased approximately 2g of a philopon from Nonindicted 11 on the street near the Maritime Traffic Daegu located in Busan Metropolitan City, and around the 22th of the same month;
I. In collusion with Nonindicted Party 1:
(1) At around 15:0 on the 26th day of the same month, the Defendant put about approximately 0.03g of the philophonephones purchased as in paragraph (h) of the above 1, into a single-use injection machine, dilution with raw water, put approximately 0.05g of the philophones into a single-use injection machine, put about approximately 0.05g of the philophones into a single-use injection machine, dilution with raw water, and injected them into the Defendant’s arms, respectively;
(2) At around 18:0 on the 27th day of the same month, Nonindicted Party 1 administered approximately 0.03g of philopon and the Defendant administered approximately 0.05g of philopon, respectively, in the same way as in a plan for the insuropon room located in the same region;
(3) On the 29th day of the same month, Nonindicted Party 1 administered approximately 0.03g of philophones and approximately 0.05g of philophones in the same manner at the same place; and
(4) At around 15:0 on the 30th day of the same month, Nonindicted Party 1 administered approximately 0.03g of philophones, and the Defendant administered approximately 0.05g of philophones, respectively, in the same manner at the Piano 701 room in the same place;
(5) At around 16:0 on the 31st day of the same month, Nonindicted 1 administered approximately 0.03 g of phiphonephones, and the Defendant administered approximately 0.05 g of phiphones, respectively, in the same manner at 601 room of the above telephones;
(j) put about approximately 0.05 g of oponon in a single-use injection machine at the same place on August 16, 2006, divating with aquatic water and dilution, and administering them for the Defendant’s arms;
(k) In collusion with Nonindicted 3,
On March 23, 2006, around the new wall, the Defendant injected approximately 0.1g of philophonephones purchased like the foregoing 2-g into two for a single-use injection machine, containing approximately 0.05g of 0.05g of raw water and dilution into each of the following arms, respectively;
3. The victim, non-indicted 1 (Taking 47 years of age) was living together with the victim for four years, and entered into an internal relationship with him/her, around 01:0 on August 1, 2006, at the Seocho-gu Seoul Metropolitan Government Seocho-gu Office 1593-17 Emnomomoto 601, the victim was liquidateding the resistant relationship with the victim who was administered around that time, but the victim refused it and attempted to commit suicide using knife with knife, and asked him/her to remove all about 1.6 g of the knife of the knife which the defendant possessed at that time. The defendant who habitually treated knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.
On July 1, 2004, the Defendant was sentenced to eight months of imprisonment with prison labor for violating the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Busan District Court on July 1, 2004 and served as the vice president of Nonindicted Co. 4, a multilevel marketing company, after completing the execution of the sentence on October 5
1. In collusion with Nonindicted 5, 6, 7, and 8
A. The fact is that, even if a digital seat photographer (name omitted) rental business is operated by attracting short-term investment from investors, it is impossible to take a way to repay the principal and interest of existing investors in a short-term manner using investment funds held by subordinated investors within a short-term period, and eventually, as long as a new investor is not retained, it is unlikely to pay the agreed high-rate profit, and there is no intention or ability to pay the agreed high-rate profit to investors because of extremely weak monetary foundation for repayment of the principal and interest of investment, etc., but around July 30, 2005, the victim Nonindicted 9 is running a loan business of the digital seat photographer (name omitted) with the victim Nonindicted 10,000,000 won from each of the preceding shares to 120,000 won from 20,000 won from 1.68,000 won from 20,000 won from 1.68,000 won from 20,000 won from 1.61.
(b) No one shall engage in the act of fund-raising without authorization, registration, etc. under the agreement to pay the total amount of investments or the amount in excess thereof in the future without permission, etc., without permission, etc., and without permission, engage in the act of fund-raising without permission, etc., by receiving remittance of the amount equivalent to 1,060,106,200 won in total
C. Even if a multi-level marketing salesperson does not impose an obligation, such as collecting money or goods, regardless of the form of subscription fee, on a person who wishes to be a multi-level marketing salesperson, the act of collecting KRW 1.2 million by registering the victim non-indicted 10 as a multi-level marketing salesperson of the non-indicted 4 corporation at the same place around June 2005 and imposing an obligation upon the person
2. Even if the person is not a narcotics handler:
A. On April 2005, Police Officers purchased approximately KRW 0.3g of psychotropic drugs from Non-Indicted 3 on the street near the luminous beach located in the Suwon-gu, Busan, for approximately KRW 0.3g of psychotropic drugs (hereinafter “clopon”), from Non-Indicted 3;
B. On July 1 of the same year purchased approximately KRW 0.3g 30,000 from Nonindicted 3 at the same place of Happon, and
C. On December 20 of the same year, Nonindicted 3 transferred the purchase price of 50,000 won of philopon to the national bank account of Nonindicted 3, and then purchased approximately two g of philopon from Nonindicted 3 in the 702 office of Seocheon-gu, Seoul Special Metropolitan City (hereinafter omitted) on December 23, 21 of the same month, from the 702 office of Seocheon-gu, Seoul Special Metropolitan City (hereinafter omitted);
D. On March 19, 2006, transferred KRW 300,000,000 from the account transfer to the national bank account of Nonindicted 3, and then purchased approximately 0.1g of philopon from Nonindicted 3 in the non-indicted 23th of the same month at around the 20th of the same month, the Seocho-gu Seoul Metropolitan Government distribution-dong No. 3rd of the bitlopon.
E. On the 21st of the same month, around the new wall, put about 0.05g of the phiphonephones purchased as above into a single-use injection machine, dilution with raw water, and administered them to the Defendant’s left arms, at the time of the new wall.
(f) Medication approximately 0.05 g of philophonephones in the same manner at the same place at least 12 o’clock on the same day;
G. On the 22th day of the same month, Nonindicted 3 remitted the purchase price of phiphones to the national bank account of Nonindicted 3 by account transfer, and then purchasing approximately 0.1g of phiphones from Nonindicted 3 in the above non-indicted 3’s non-indicted 23th day of the same month at the time of the new wall;
H. Around July 17 of the same year, Nonindicted 11 received 500,000 won of the purchase price of a philopon from Nonindicted 11 on the street around the 24th of the same month, and purchased approximately 2g of a philopon from Nonindicted 11 on the street near the Maritime Traffic Daegu located in Busan Metropolitan City, and around the 22th of the same month;
I. In collusion with Nonindicted Party 1:
(1) At around 15:0 on the 26th day of the same month, the Defendant put about approximately 0.03g of the philophonephones purchased as in paragraph (h) of the above 1, into a single-use injection machine, dilution with raw water, put approximately 0.05g of the philophones into a single-use injection machine, put about approximately 0.05g of the philophones into a single-use injection machine, dilution with raw water, and injected them into the Defendant’s arms, respectively;
(2) At around 18:0 on the 27th day of the same month, Nonindicted Party 1 administered approximately 0.03g of philopon and the Defendant administered approximately 0.05g of philopon, respectively, in the same way as in a plan for the insuropon room located in the same region;
(3) On the 29th day of the same month, Nonindicted Party 1 administered approximately 0.03g of philophones and approximately 0.05g of philophones in the same manner at the same place; and
(4) At around 15:0 on the 30th day of the same month, Nonindicted Party 1 administered approximately 0.03g of philophones, and the Defendant administered approximately 0.05g of philophones, respectively, in the same manner at the Piano 701 room in the same place;
(5) At around 16:0 on the 31st day of the same month, Nonindicted 1 administered approximately 0.03 g of phiphonephones, and the Defendant administered approximately 0.05 g of phiphones, respectively, in the same manner at 601 room of the above telephones;
(j) put about approximately 0.05 g of oponon in a single-use injection machine at the same place on August 16, 2006, divating with aquatic water and dilution, and administering them for the Defendant’s arms;
(k) In collusion with Nonindicted 3,
On March 23, 2006, around the new wall, the Defendant injected approximately 0.1g of philophonephones purchased like the foregoing 2-g into two for a single-use injection machine, containing approximately 0.05g of 0.05g of raw water and dilution into each of the following arms, respectively;
3. The victim, non-indicted 1 (Taking 47 years of age) was living together with the victim for four years, and entered into an internal relationship with him/her, around 01:0 on August 1, 2006, at the Seocho-gu Seoul Metropolitan Government Seocho-gu Office 1593-17 Emnomomoto 601, the victim was liquidateding the resistant relationship with the victim who was administered around that time, but the victim refused it and attempted to commit suicide using knife with knife, and asked him/her to remove all about 1.6 g of the knife of the knife which the defendant possessed at that time. The defendant who habitually treated knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.
[Judgment of the court below]
1. Defendant's legal statement;
1. The statements made by Nonindicted Party 7 and Nonindicted Party 6 in the second and third trial records among the first trial records of the Seoul Central District Court 2006 Godan604 case in the Seoul Central District Court 8, 12, 13, 5, 6, and the second trial records
1. The investigation record of the defendant (which is attached to the investigation record of the case of Seoul Central District Prosecutors' Office 2006-type 75493, 88664, 92707, 101651, 107706) and the non-indicted 8, 12, 13, 13, 5, 6, and 7;
1. Each police statement on Nonindicted 14, 15, 10, 16, 17, 18, and 19 (including each of the statements made by Nonindicted 20, 21, and 16 in the third statement made by Nonindicted 10)
1. Investigation Report [Non-Indicted 22 Calling Report (No. 167 pages of the investigation record), Non-Indicted 23 Calling Report (168 pages), Non-Indicted 10, 17 Hearing Report (280 pages)]
1. Certificate of deposit transaction (the first investigation record, 31, 5, 206, 232 pages), certificate of performance of obligation (1°163 pages), sale contract (2°8, 5° 17, 6° 33 pages), cash custody certificate (2° 14 pages), organization of non-indicted 4 stock company (5° 8 pages), and method of payment of principal and interest on franchise marketing (5° 9 pages);
[Judgment of the court below]
1. Defendant's legal statement;
1. The statements made by the Defendant and Nonindicted 3 in the first trial record of the Seoul Central District Court 2006 High Court 2006 High Court 4491 case
1. The protocol on interrogation of the suspect by the prosecution against the accused (which was bound to the investigation records of the Seoul Central District Prosecutors' Office 2006No. 87373) and Nonindicted 3;
1. A request for appraisal by the president of the National Institute of Scientific Investigation for Science (321 pages of the above investigation records);
1. Investigation report (to be accompanied by a copy of the investigation report (451 pages of the investigation record), a statement of genetic analysis and appraisal, etc. (471 pages);
1. Reference table for requests for details of non-transaction (157 pages of the above investigation records);
【No. 3 Facts at the Time of Sale】
1. Partial statement of the defendant;
1. The statements made by the Defendant and Nonindicted 3 in the first trial record of the Seoul Central District Court 2006 High Court 2006 High Court 4491 case
1. Legal statement of the witness Nonindicted 2
1. The protocol on interrogation of the suspect by the prosecution against the accused (which was bound to the investigation records of the Seoul Central District Prosecutors' Office 2006No. 87373) and Nonindicted 3;
1. Statement of prosecutorial statement on Nonindicted 2
1. A report on actual condition of the police;
1. Statement of seizure by the police;
1. A copy of the autopsy report prepared by a doctor non-indicted 24 (57 pages of the above investigation record), each request for appraisal to the preparation of the Director of the National Institute of Scientific Investigation (321, 510 pages), and a autopsy report prepared by the non-indicted 25 (514 pages)
1. Investigation report (Attachment of a copy of the thesis to confirm philophoneopon death (316 pages of the investigation record), a copy of a certificate of genetic analysis and appraisal, etc. (471 pages);
1. Copies of pocketbooks (19 pages of the above investigation records);
【Prior Records at the Time of Sales】
1. Criminal records (206-type 2006-type 87373 of the Seoul Central District Prosecutors' Office, 270 pages);
1. Investigation report (the confirmation of the fact of release (the first investigation record 450 pages);
1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act, Article 30 (Fraud, Selection of Imprisonment), Articles 6 (1) and 3 of the Criminal Act, Article 30 (Examination of Receipt without Permission), Article 52 (1) 2 and Article 23 (1) 3 of the Door-to-Door Sales, etc. Act, Article 30 of the Criminal Act, Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the Act on the Control of Narcotics, etc., Article 30 (1) of the Criminal Act, Article 275 (1) of the Criminal Act and Article 271 (1) (a) of the latter part)
2. Aggravation of repeated crimes: Article 35 of the Criminal Act.
3. Aggravation for concurrent crimes: The former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act (Aggravation for concurrent crimes with punishment determined for the most severe organic death);
4. Calculation of days of pre-trial detention: Article 57 of the Criminal Act.
5. Collection: The proviso of Article 67 of the Act on the Control of Narcotics, Etc.
The average retail price of 920,00 won per grophones x [0.3g (2-A.) + 0.3g (2-b.) + 2g (2-c.) + 0.1g (2-d.) + 0.1g (2-g.) + 2g (2-h.) + 4,416,00 won = 4,00 won
1. Summary of the assertion
The Defendant did not bear any legal or contractual obligation to protect the victim Nonindicted Party 1, and at the time Nonindicted Party 1 did not recognize that he had dysium 1.6g of the philopon, and the Defendant left Nonindicted Party 1 as indicated in its holding and the causal link between Nonindicted Party 1’s death is not recognized. Accordingly, the Defendant is not liable for the crime of abandonment by deeming it as a single mother.
2. Basic facts
According to the above evidence, the following facts are acknowledged.
① Around March 2002, the Defendant was serving as the chief of office in the business start-up investment trust company located in the Seocheon-gu Busan Metropolitan City, and received the victim Nonindicted Party 1 from his ship. From March 4, 2002, the Defendant started living at the office of Nonindicted Party 1 located in the Young-gu, Busan Metropolitan City. Around May 2005, after the Defendant was enrolled in Seoul, half of the month of Nonindicted Party 1 started living together at the office of the Defendant’s office located in Seocheon-dong, Seocheon-gu, Seoul Metropolitan City.
② From early 2003, the Defendant: (a) had Nonindicted Party 1 drinked a philopon several times from early 2003, and caused Nonindicted Party 1 to have Nonindicted Party 1 take a philopon; (b) thereafter, Nonindicted Party 1 took a philopon to the bloodline, such as Nonindicted Party 1’s hand, etc.
③ On July 25, 2006, the Defendant: (a) administered Nonindicted 1, who was enrolled in Busan on the inn part of the said month, and administered the philopon purchased from Nonindicted 11, as indicated in its reasoning on the 26th and 27th day of the said month; (b) stated that Nonindicted 2 and Nonindicted 2, who was in a usual friendship with the Plaintiff, drinked her drinking out of the 28th day of the said month; and (c) Nonindicted 2, who returned to Nonindicted 1, “the Defendant would be able to keep away from the Defendant’s day; and (d) the Defendant also said Nonindicted 1, “I am off Busan, and am off the part in Seoul.”
④ Accordingly, Nonindicted Party 1 attempted to commit suicide with Myeonk-blades purchased at convenience stores on July 28, 2006, and the Defendant, who became aware of this, found Nonindicted Party 1 as a part of an inn with Nonindicted Party 1, and administered philphones as indicated in its reasoning on July 29 and 30 of the same month.
⑤ At around July 16, 2006, the Defendant, along with Nonindicted Party 1, again administered a phiphone as indicated in its reasoning, and Nonindicted Party 1, who attempted to take the 23-clock out of the scam, attempted to escape from the scam and take a part in the scam. Nonindicted Party 1, while deeming the Defendant as “whether the scam, scam, and scam are the same as the scam, scam, and scam.”
⑤ When the Defendant continued to refuse his request on August 1, 2006, Nonindicted Party 1 taken away 1.6g of the penphone, which remains on the left part of the Defendant on August 1, 2006, and drank all of the following, regardless of whether the Defendant was able to dye in water disease (500 meters).
⑦ 그 후 공소외 1은 피고인이 누워 있는 침대로 올라와 성교를 요구하는 등 비정상적인 행동을 하였고, 밤새 방안을 왔다갔다 하면서 가슴을 두드리거나 잠을 청하는 피고인의 몸에 손을 대고 고통을 호소하였으며, 다음날 9:30경에는 몸을 주체하지 못해 방바닥에 앉아 침대에 기대어 크게 딸꾹질을 하면서 흐느끼는 소리를 내기도 하였다.
④ On August 1, 2006, at around 9:35, the Defendant contacted with the 1112 situation room using a cell phone, and then cut off Nonindicted Party 1’s cell phone on his face, but Nonindicted Party 1 cut off his cell phone. Nonindicted Party 1 her cell phone for one to two minutes.
9) If Nonindicted Party 1 was not able to go more than two hours after entering a bath, the Defendant, who had been playing a computer entertainment for that period, had opened a bath room and viewed Nonindicted Party 1 to have one eye open on the floor of the bath room, and confirmed that Nonindicted Party 1 still remains pulmonary by opening a bath room again at a 13-clock on the same day and reporting that Nonindicted Party 1 still has a part of the bath room.
10) After that, the Defendant deleted the details of the receipt and call remaining in Nonindicted Party 1’s mobile phone, and contacted that Nonindicted Party 1 committed suicide to the Gamsia on August 2, 2006 at around 10:0,006.
3. Determination
A. Whether the Defendant was aware of Nonindicted 1’s philophone taking
First of all, it is examined whether the Defendant recognized that all of the amount of 1.6g of the written phone 1 in the judgment of the victim non-indicted 1 at the time of the instant case was drank.
Examining the Defendant’s statement in the investigation agency, the police consistently stated that “ Nonindicted Party 1, even though being aware that Nonindicted Party 1 would have administered the phiphonephones as indicated in the judgment, he directly sent a vinyl to Nonindicted Party 1, which contains a phiphones,” and the prosecution stated that “ Nonindicted Party 1 sent Nonindicted Party 1 a mixture of phiphones on the water disease with a lump sum of phiphones, and that Nonindicted Party 1 was drank “doning” and that Nonindicted Party 1 was doned (Seoul Central District Prosecutor’s Office 2006 type No. 87373, 281).
Furthermore, as seen above, Non-Indicted 1 was administered five occasions a week from the defendant, and there was a emotional distress and unstable situation, such as hearing the statement that the defendant would be liquidated an internal relationship and attempting to commit suicide. While the defendant was aware of these circumstances, Non-Indicted 1 was left unattended so that he would bring the phiphones. After that, Non-Indicted 1 did not do so, Non-Indicted 1 did not look at her chest, and complained of suffering from her chests, and she was faced with a situation to the extent that she was unable to cover the neck even when she was seated on the floor. Accordingly, even if Non-Indicted 1 did not take the phiphones, the defendant's assertion that he was aware that he was taking a drama to attract the interest of the defendant cannot be easily understood, and there was no possibility that the defendant might have brought about the phiphones for a considerable period of time.
(b) the existence of a duty to protect;
Then, as to whether the defendant has the duty to protect the victim non-indicted 1, according to the precedents and theories, the subject of the crime of abandonment death is limited to the person who has the legal or contractual obligation to protect the person who needs assistance. However, according to Article 826(1) of the Civil Act, the husband and wife is under mutual support duty and the person who causes the occurrence of the occurrence of danger is obligated to act in order to prevent the occurrence of the occurrence of the occurrence of danger pursuant to Article 18 of the Criminal Act. This obligation includes the above legal obligation or the contract which forms the basis of the duty to protect the victim's non-indicted 1, and also includes the case where the implied intent can be presumed even if it is not an explicit contract.
According to the above facts, the defendant living together for a period of four years with the non-indicted 1 and formed a relationship similar to the de facto marriage between them, and thus, the defendant has the duty of protection corresponding to the mutual support duty between the non-indicted 1. Second, the defendant had the non-indicted 1 as a drug addiction by allowing the non-indicted 1 to take a penphone for a period of five weeks, and even around the time of this case, the non-indicted 1 left alone even though he was aware that his remaining phiphonephone was brought about five times a week, and caused the death of the non-indicted 1 through an acute drug addiction. Thus, the defendant who caused the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of his act without delay and sent it to the non-indicted 1, and has the legal obligation to protect the non-indicted 1 to receive medical treatment after sending it to the non-indicted 1 (the non-indicted 1).
Therefore, in this case, the defendant should be considered as the person who bears the legal duty of protection against the non-indicted 1, and the defendant's assertion disputing this is without merit.
(c)the causal relationship between abandonment and death.
Finally, examining whether the causal link between the abandonment of the defendant's decision and the death of the victim non-indicted 1 is recognized, it seems that the non-indicted 1 requested emergency treatment to a medical institution on August 1, 2006 when the defendant was absent from the case where the body was 47 years old and the non-indicted 1 was dead, and Non-indicted 1 was dead, and the body could have moved for 8 hours after taking the philophone, unlike the case where he was scoped with extreme drugs such as liquidation, etc., when Non-indicted 1 demanded sexual intercourse, or when Non-indicted 1 was absent from the state of scopon 1.6 g of the phiphone, or when she was absent from the state of scopon and scopon scopon, or when she was absent from the state of scoponing the body of the victim, it seems that he was able to request emergency treatment from the medical institution on August 30, 2006.
Therefore, insofar as the victim non-indicted 1's life name is recognized to exceed a reasonable doubt, it is reasonable to view that the causal relationship under the Criminal Act is acknowledged between the defendant's act of neglecting Non-indicted 1 without taking such a measure and the result of Non-indicted 1's death from acute drug addiction around August 1, 2006. Thus, the defendant's assertion that the above assertion is groundless.
The defendant who has been punished due to the handling of narcotics, etc. and the act of receiving narcotics, etc. by deceiving that he would return a large number of victims at a high rate during the period of repeated crime by deceiving them to acquire a large amount of money, purchasing and administering a penphone of 4.8g in total on six occasions, and even though the women who were in a relationship with them were placed in an emergency situation for the excessive return of a penphone, it is inevitable to declare a heavy sentence as a case resulting in death because it is very poor.
[Attachment Form 5]
Justices Park Sung-won (Presiding Judge)