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(영문) 대전지방법원 천안지원 2013.09.11 2013고합132

상해치사

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around 01:00 on June 27, 2013, the Defendant, at the main point of “E” located in Seoan-gu, Seoan-gu, Seocheon-gu, Seoan-gu, Yan-si, performed a dispute with the victim F (the age of 46) while drinking together with the victim. On two occasions, the Defendant sawd the victim's face, etc. from the victim's head into two times, and took part in drinking. When the victim's face, he gets the body of the victim and was able to take part in drinking with another hand, he saw the victim's face, etc.

On June 28, 2013, at around 14:04, the Defendant caused the death of a victim who was receiving medical treatment at a H hospital located in Dong-gu, Nam-gu, Dong-gu, Dong-gu, Seoul, to the death of the victim due to her external probane.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of each police officer's statement to I, J and K;

1. Each description of an investigation report, an investigation report, a report on internal investigation (the details of oral opinion as a result of an autopsy), a report on internal investigation (the report on hearing of the statement of a reference KK) and an investigation report;

1. Each description of a written opinion, a written autopsy of a corpse, and a copy of medical examination and treatment;

1. Application of each video statute to field photographs and victim photographs;

1. Article 259 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment for not less than one year and not less than six months;

2. Application of the sentencing criteria [Determination of types] and general injury to violent crime groups: Type 3 (where the result of death has occurred), mitigation element], mitigation element of punishment (decision of recommending area), mitigation area of punishment (decision of recommending area), mitigation area of punishment, 2 years to 4 years of imprisonment;

3. Determination of sentence: The crime of this case for the two-year period of imprisonment was committed by the Defendant at a minor expense that occurred while the Defendant was working with the victim who was a commercial in the workplace and was working in the drinking room. When the Defendant was sprinked with the face of the victim, the Defendant sprinked the victim with a fatal Easter with the victim, and eventually caused the death of the victim by taking the victim into custody of the hospital, and eventually caused the death without using the victim’s hand.