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(영문) 춘천지방법원 원주지원 2014.11.06 2014고합92

상해치사

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 18, 2014, the Defendant: (a) under the influence of alcohol, the Defendant f (the 60 years of age) and the victim were faced with the Defendant’s arms from the surrounding clients, etc.; (b) when the Defendant breaddd on September 18, 2014, the Defendant breadddddd the victim, while taking the victim’s bath, had the victim write down approximately 2 to 3 times on the part of the victim’s bed.

At around 01:28 on September 20, 2014, the Defendant caused the death of a victim who was receiving medical treatment from a H hospital located in G in nuclear cities in nuclear cities, due to an acute cardiopulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary lap, and due to the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of I, J and K;

1. Report on internal investigation (the primary opinion of the autopsy);

1. A written autopsy and appraisal;

1. Application of Acts and subordinate statutes of a death certificate;

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 for discretionary mitigation;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of recommended sentences based on the sentencing guidelines: Imprisonment for two to four years (decision of a type), group of violent crimes, general injury, and death (Type 3) (Specially Convicted Persons): Reduction element: Imprisonment for not more than 2 years from 4 years to 4 years (general person in prison): Serious reflective factors; imprisonment for not more than 2 years from 2 years to 4 years from 3 years;

3. Determination of sentence: In the event that two years of imprisonment with prison labor and two years of the defendant inflict an injury on the part of the victim who she is suffering from the wound of the wound-to-be poper fright and the death of the victim, it is inevitable to punish the defendant significantly according to the result.

However, the sentence is issued in consideration of the favorable reasons for sentencing, such as the fact that the defendant was making the victim 2 to 3 times by drinking the victim, and there are circumstances that may be considered in the course of committing the crime, the fact that the defendant did not have any previous conviction or mistake, and the victim's bereaved family members want the defendant's wife.