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(영문) 전주지방법원 2014.12.11 2014고합263

폭행치사

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was hospitalized in C Hospital due to the early-time illness, was hospitalized in C Hospital, and was lacking the ability to discern things or make decisions, and committed assault by the Defendant on February 5, 2014, on the ground that, around 06:30 on the fifth floor of C Hospital in Kim Jong-si, the victim E (the age of 52) hospitalized by the editing mental fission certificate was faced with the body of the victim E (the age of 52).

Around February 7, 2014, the victim had undergone blood emissions through brain malutical surgery at a former hospital around February 7, 2014. On March 8, 2014, around 03:08, the victim died as a sudden suspension of malutism in C care hospitals located in Kim Jong-si D.

Accordingly, the defendant abused the victim and caused the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, I, J, K, and L;

1. A death certificate;

1. Requests for appraisal, replys to requests for appraisal, and replies to requests for appraisal;

1. Application of the Acts and subordinate statutes of C hospital (A) in written confirmation of hospitalization (A), medical examination and treatment, and prescription records (A);

1. Articles 262, 260 (1), and 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 10 (2) and (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Aggravation factors according to the sentencing guidelines (decision of types of punishment), range of recommended punishment [where a result of death has occurred] for violent crime group, assault crime, and Type 3 (where a result of death has occurred] (a person with a special aggravated punishment): Reduction factors: A person with mental disability and mental disability [Scope of Recommendation] mitigation area: Imprisonment with prison labor for a year and June 1 to 3

3. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence, the crime of this case is committed by the defendant with the victim facing his head in the floor and resulting in his death. The life, which is the most valuable legal interest, shall be protected.