상해치사
A defendant shall be punished by imprisonment for five years.
Punishment of the crime
At around 03:40 on December 7, 2012, the Defendant: (a) taken the victim’s face under the influence of alcohol on the ground that the victim was insultingd from the victim D (son and 40 years of age) who lives in front of the Seoul Northern-gu Seoul Northern-gu, and used it on the floor of the road; (b) took the victim’s face and face on the side of the road; and (c) took the victim’s face and face on a hand, such as cerebrovassis, liver fever, and nellor, and caused the death of the victim by blood transfusion on the spot.
Summary of Evidence
1. The police statement of the defendant E in his court statement;
1. Each investigation report (in relation to on-site conditions, on-site conditions, on-site investigation and the victim status, the counter investigation of the reporter E; the response of the suspect's physical weapons; the alteration of the name of the crime and the written diagnosis of death; the investigation of the contents of oral command of the suspect, on-site investigation; the oral inquiry of the suspect, on-site investigation; the contents of the command of the inspection; the victim's condition; the victim's situation); each seizure report; the list of seized articles, on-site photographs and intensity; on-site photographs; on-site photographs; on-site photographs and field photographs; field photographs; field photographs; and on-site photographs; the cell phone screen photographs; and on-site images; and on-site images; the Defendant and the defense counsel asserted that the Defendant was in a state of mental and physical disability under the influence of alcohol at the
In light of various circumstances, such as the motive, process, means and method of the instant crime, the act of the Defendant before and after the instant crime, and the fact that the Defendant stated in the process of the crime, etc., it does not seem that the Defendant had the weak ability to discern things or make decisions under the influence of alcohol at the time of the crime, and thus, the assertion by the Defendant and the defense counsel cannot be accepted.
Reasons for sentencing
1. The scope of punishment by law: Imprisonment with prison labor for not less than three years nor more than thirty years;
2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);