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(영문) 대구지방법원 의성지원 2017.07.04 2017고합7

상해치사

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On April 3, 2017, the Defendant was found to be a director on the ground that: (a) the victim C (52 tax) was in the aftermath of the society; (b) a residential lease agreement was terminated on April 3, 2017 and the victim decided to lease the leased instead of the Defendant; and (c) paid the lessor a monthly rent of KRW 1,200,000,000,000,

On April 23, 2017, at around 22:00, the Defendant suffered an injury to the victim on April 23, 2017, and caused an injury on the part of the victim, resulting in an injury to the victim, due to a fluoral brain injury (cerebral brain injury) at F hospital around 09:15 on April 30, 2017, where the Defendant had found the Defendant under the influence of alcohol to be a leased or a director of the Defendant’s residence and the victim’s chest, and the Defendant took over the victim’s chest by hand once pushed the victim’s chest, and taken four times back the victim’s chest with his/her finger, and then he/she taken four times off the part of the victim’s face.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. On-site photographs and black stuff photographs;

1. Application of Acts and subordinate statutes to opinions, medical records, and death certificates;

1. Grounds for sentencing under Article 259 (1) of the Criminal Act with respect to the facts constituting an offense;

1. Scope of applicable sentences under law: Three years to thirty years; or

2. Scope of a recommended sentence on the sentencing guidelines: The basic area (three to five years) of imprisonment for a term of three to five years, respectively (in cases where the result of death occurs).

3. Determination of sentence: The crime of this case for the four-year period of imprisonment was committed by the Defendant by seriously assaulting the victim by taking several times the face of the victim who cannot be set up against the victim due to the end of his minor vision, and thereby resulting in the death of the victim. In light of the method and consequence of the crime, the nature of the crime was very poor, and the Defendant did not receive the victim’s statements until the end.