Seoul Metropolitan Government Housing Guro

Seoul High Court Decision 201

피고인은 2012 . 2 . 28 . 13 : 05경 서울 구로구 ㅇㅇ 동 ㅇㅇㅇ - ㅇㅇ에 있는 ' ㅇㅇ야식 '

On February 20, 2012, while drinking the victim's maximum ○○ and alcohol within the restaurant, the victim assaults the defendant on February 20, 2012.

For the reason that he reported to the police as an offender, he or she is willing to take a retaliation against it, and the victim

"When it is reported to the police of this kisday", and "the victim's back to the victim's back to the victim's back to the victim's end."

렸다 . 계속하여 피고인은 같은 날 13 : 17경 위 ㅇㅇ 식당에서 피해자의 뒷목을 잡고 밖

으로 끌고 나와 서울 구로구 ㅇㅇ동 ㅇㅇㅇ - ㅇㅇ에 있는 ' ㅇㅇ유리 ' 내로 피해자를 데

After standing, the Defendant, at that place, shall be considered to have had the victim transferred over several occasions by drinking and sprinking.

I amburged.

As a result, the defendant reported the defendant to the police as the perpetrator.

B. For the purpose of retaliation against this, the transfer of the victim by drinking and salbing the victim beyond the floor;

In addition, the victim caused the death of the victim due to the acute acute depression.

Summary of Evidence

1. Entry of the defendant in part of the first trial records;

1. A protocol concerning the examination of the accused by the prosecution;

1 . 제1회 공판조서 중 증인 강ㅇㅇ의 진술기재

1 . 박ㅇㅇ에 대한 검찰 진술조서

1 . 박ㅇㅇ의 진술서

1. A criminal investigation report (verification of medical record victims), a criminal investigation report (the statement of an on-site emergency medical service worker) and a criminal investigation report (victims);

최ㅇㅇ 통화내역 분석 ) , 수사보고 ( CCTV 수사 ) , 수사보고 ( 국립과학수사연구원 법의학

부검의 박ㅇㅇ 상대수사 )

1. A written autopsy and appraisal;

1. 12 Reporting Statement and 112 Reporting Handling Register (2. 20. 20)

1. An emergency bed;

1. The body, photograph, etc. of the victim, his/her residence, and the first site, temporary burial, photograph, etc.;

1. A victim 119 voice CDs, a crime preventionCCTV;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 5-9 (3), (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act

(Optional of Imprisonment)

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The defendant and the defense counsel have assaulted the victim at the time of the defendant, but the victim has reported.

of the defendant's assault and the victim's death.

I asserts that there is no possibility of doing so.

2. Determination

The following facts acknowledged by the evidence duly adopted and examined by this Court

및 사정들 , 즉 ① 피고인은 2012 . 2 . 28 . 13 : 05경 위 ㅇㅇ 야식 식당에서 " 이 새끼가 경

A report on the date of the report is called "," and the victim was boomed by the victim who was boomed, and then boomed by the victim.

리고 나가 피해자의 뒷목을 잡고 앞으로 밀면서 위 ㅇㅇ유리로 데리고 간 사실 , 1 ) ②

The defendant under investigation by the prosecution and reported the defendant to the police and the defendant to the victim.

하여 화가 많이 난 상태였고 , ㅇㅇ 야식에서 피해자의 뒤통수를 1대 때렸지만 화가 풀

리지 않아 피해자를 끌고 ㅇㅇ유리로 데리고 가 때렸다는 취지로 진술한 사실 , 2 ) ③ 피

해자가 피고인을 경찰에 신고한 것 외에 달리 피고인이 굳이 피해자를 ㅇㅇ유리로 데

려가 폭행할 아무런 이유가 없다고 보이는 점 , ④ 피해자는 박ㅇㅇ에게 전화로 피고인

(5) The fact that the victim expressed to the effect that the toilet will not be available due to a large number of times, 3)

From 119 to 119 after the victim of the violence, and after being called the hospital by the 119 first aid team.

After being sent for emergency treatment, the person moves to another area near the residence after being sent for emergency treatment;

(6) 4 days after the victim suffered violence from the defendant

The body was found in the dwelling and the body was found before the discovery.

7) According to the autopsy report on the victim, the victim died due to an acute climatic climatic climatic cliffa

8) The defendant's act of causing violence significantly strong to the victim

(9) In addition to the Defendant’s assault, the external records which may cause the victim to make a light-to-undering blood;

The fact that it is not visible that the victim was suffering from urine disease, such as ① the victim suffering from urine disease, etc.

Although it is not good, there is no record of being treated in connection with brain diseases in the past, and there is no record of being treated in connection with such diseases;

The death result in competition with other causes, such as having military register factors that may cause blood, etc.

It is difficult to find objective data to be recognized as being, and ① in the case of a dead-end transfusion, immediately death.

Comprehensively taking account of the fact that there are many cases of death at a considerable interval of time, not the case of death.

In this regard, there was a purpose of retaliation against the defendant, and due to the assault of the defendant, the victim scambling.

They may be presumed to have caused blood.

Reasons for sentencing

The crime of this case is committed with the purpose of retaliation against the defendant's reporting himself to the police.

by assaulting the victim several times, resulting in death, and the nature of the crime is very high.

It appears that the degree of assault inflicted on the victim by the defendant was serious, and that the defendant was the defendant.

immediately after the crime of this case was committed, the victim left alone without taking relief measures against the victim, and during the investigation process

강ㅇㅇ이 피고인이 피해자의 뒤통수를 때리고 ㅇㅇ야식 밖으로 데리고 나갔다고 진술

하자 2012 . 3 . 9 . 강ㅇㅇ을 찾아가 장사를 못하게 하겠다며 행패를 부리기까지 하는 등

The circumstances after the crime are not very good, and the defendant has a record of being punished for the same kind of crime.

Considering the fact that there is a need to impose strict punishment on the defendant.

However, the defendant has caused any contingent crime of this case while under the influence of alcohol.

The defendant appears to be the victim's bereaved family members under the agreement with the victim's bereaved family members.

Terms and conditions favorable to the defendant, such as that they are not punished, and the age, character and conduct of the defendant;

Comprehensively taking into account all factors of sentencing as shown in the argument of this case, such as family environment and circumstances after crimes.

In addition, the sentence shall be determined as ordered by the court.

Parts of innocence

이 사건 공소사실 중 피고인이 서ㅇㅇ과 공모하여 판시 기재와 같이 보복의 목적으

In this regard, it is considered that the victim assaulted and caused the death of the victim.

Evidence that there is a criminal fact in criminal procedure shall be presented by the public prosecutor, and the criminal defendant's prosecution shall be changed.

Even if the same is unreasonable and false, it cannot be made disadvantageous to the defendant due to that reason;

Certification of facts constituting an offense is highly open to the extent that there is no reasonable doubt by a judge.

[Plaintiff-Appellant] He shall acquire evidence to recognize his sex (Supreme Court Decision 91Do35 delivered on August 13, 1991).

1385, see, e.g., Supreme Court Decision 1385) If there is no evidence to establish such a conviction, even the defendant may have

Even if there is doubt of guilt, it is inevitable to judge the interest of the defendant (Supreme Court Decision 3 March 1993).

23. See Supreme Court Decision 92Do3327 delivered on April 23, 200

살피건대 , 피고인 및 서ㅇㅇ의 각 경찰에서의 진술은 피고인이 그 내용을 부인하여

이를 증거로 쓸 수 없고 , 피해자가 박ㅇㅇ에게 전화로 피고인에게 맞았는데 , 서ㅇㅇ은

보고만 있었다고 말했다는 박ㅇㅇ의 진술에 비추어 피고인이 서ㅇㅇ이 있는 ㅇㅇ유리

로 피해자를 데리고 갔고 , 위 ㅇㅇ유리 내에서 피해자를 폭행할 당시 서ㅇㅇ이 같이

있었다는 취지의 피고인 및 박ㅇㅇ의 각 검찰에서의 진술만으로는 서ㅇㅇ이 피고인과

It is not sufficient to recognize that the victim was assaulted for the purpose of retaliation, and otherwise,

Since there is no evidence to determine the facts charged, this part of the charges constitute a case where there is no evidence of crime.

To declare innocence under the latter part of Article 325 of the Litigation Act, or in a single crime;

(Relied Crime, etc.) of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

not be separately pronounced in the court.

Judges Seo-won

Judges Choi Jae-young

2) Evidence Nos. 317, 318 (the first protocol of examination of the defendant's prosecutor's suspect against the defendant), steam records No. 325, 326, 330 pages (the defendant)

Second Prosecutor's Examination Record 413, 414, 418, and 419 (the third Prosecutor's Examination Record against the Defendant)

3 ) 증거기록 85 , 86쪽 ( 박ㅇㅇ에 대한 제1회 경찰 진술조서 ) , 증거기록 182쪽 ( 박○○에 대한 제2회 경찰 진술조서 ) ,

증거기록 378쪽 ( 박ㅇㅇ에 대한 검찰 진술조서 )

4) Evidence records 178 pages (the statement of the victim's currency)

5 ) 피해자는 2012 . 3 . 1 . 09 : 35경 박ㅇㅇ와 1시간 가량 통화를 한 후 더 이상 통화한 기록이 없는 점 , 송ㅇㅇ이

On March 1, 2012, the victim called the victim several times from March 1, 2012 to March 3:07 of the same month, but the victim called the victim.

받지 않았고 , 송ㅇㅇ이 2012 . 3 . 1 . 24 : 00경 , 같은 달 3 . 02 : 30경 및 같은 날 11 : 30경 피해자의 집에 찾아갔을 당

In the state of TV and electric power, there was no seal, and 12:00 on the same day, opening doors to the owner of the house at 00:00 and opening them.

In light of the fact that the victim was dead, the victim died or was at least the victim died on March 1, 2012.

On March 1, 2012, it seems highly probable that he/she has lost consciousness from around March 1, 2012.

6) Evidence records 221 pages (written autopsy)