beta
(영문) 춘천지방법원 2018.05.11 2018고합14

상해치사

Text

The punishment of the accused shall be four years of imprisonment.

A person who has filed an application for medical care and custody shall receive treatment and custody.

Reasons

Criminal facts

In addition, the facts constituting the cause of the medical care and custody [criminal facts] The defendant and the person in charge of the medical care and custody (hereinafter referred to as the "defendant") were diagnosed as a person who was diagnosed as having a view of alcohol due to the exchange hall, damage, uneasiness, uneasiness, and the disorder of drinking alcohol, and had weak ability to discern things or make decisions.

From around September 2013, the Defendant began with the Victim B (Woo, 31 years of age), and had been living together in the building C and D located in Gangwon-si, the residence of the victim. From September 6, 2017 to September 06:43, 09:22 of the same day, the Defendant had been living in the victim’s dwelling. As seen earlier, from around September 6, 2017, the Defendant suffered from the injury of the part-time damage (the blood transfusion caused by the long-term heat), etc. caused the victim’s death at the EF hospital located in Chuncheon-si, Macheon-si, Seoul, the first day of which was around 11:09 on the same day.

[Judgment of the court below] The court below erred by misapprehending the legal principles as to the crime of death resulting from bodily harm resulting from imprisonment without prison labor or a heavier punishment. The court below erred by misapprehending the legal principles as to the punishment of imprisonment without prison labor or a heavier punishment, as otherwise alleged in the ground of appeal. In so doing, the court below did not err by misapprehending the legal principles on the grounds of appeal, as otherwise alleged in the ground of appeal.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to G, H, I, J, K, and L;

1. A corpse death certificate, on-site and photograph of the corpse, and a written appraisal for autopsy;

1. Application of Acts and subordinate statutes to each investigation report (including each accompanying material);

1. Article 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Determination as to the assertion by the Defendant and his/her defense counsel under the former part of Article 12(1) and Article 2(1)2 of the Act on the Medical Treatment, Care, Custody, etc.

1. The Defendant’s summary of the assertion is from the time of high school to the time of early death.