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(영문) 의정부지방법원 2012.12.05 2012고합522

상해치사

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

At around 01:00 on August 27, 2012, the Defendant: (a) knew of the fact that the Victim D (L, 41 years of age) was phoneed to a male who was born before marriage; (b) caused the Victim D (L, 501 years of age) to the son who was born at her residence; and (c) caused the Victim’s inside and outside of the body, the body, the body, the body, and the body, the body, the body, the body, and the body, the body, the body, the body, and the body of the Victim d (L, 41 years of age) by using the left hand.

Accordingly, the Defendant caused the death of the victim who is sent back to the E Hospital at the time of the Government of the Republic of Korea at around 02:50 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A corpse inspection report and a written request for appraisal;

1. Investigation report ( acceptance of a report on telephone investigation / autopsy and opinion on request for appraisal / Receipt of a report on request for appraisal);

1. Application of field photographs, dead body photographs statutes;

1. Grounds for sentencing under Article 259 (1) of the Criminal Act with respect to the relevant criminal facts;

1. The scope of applicable sentences by law: Imprisonment for not less than three years nor more than thirty years; and

2. Scope of recommendations based on the sentencing guidelines: Imprisonment with prison labor for up to five years (decision of a type), group of violent crimes, general injury, third types (where the result of death has occurred), mitigated factors (where special persons have occurred), and no aggravated factors (Scope of recommendations). Three years or more from imprisonment with prison labor for a period of up to five years.

3. Determination of sentence: A sentence of imprisonment with prison labor for a period of four years is more severe than the extent of assaulting the body of the victim, mental impulses were not received from the victim's bereaved family members, and the defendant recognized the crime of this case and seems to have committed a little contingent crime, knowing that the victim had a telephone call to a male who had returned before marriage, it seems that the victim committed a crime somewhat contingent crime, after checking the victim's status, it is assumed that the victim has been reported to 119, and that the victim has continued the cardiopulmonary resuscitation until the victim reported to 119, and that the defendant has no record of criminal punishment other than a fine, etc., shall be taken into consideration, and it is also considered as a favorable circumstance.