과실치사
2019 Highest 672 Fruits, etc.
A
Postal Nos. (Filing Prosecutions) and Kim Shin (Public Trial)
October 15, 2019
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is between the victim B (here, C) and female.
At around 08:10 on September 9, 2018, 13. 08:10, the Defendant got the victim to sleep in the same beds with the victim on the left side of the victim.
The victim was a baby with 100 days after the birth of the victim, and the person diving in the same beds with the victim, due to the move of the defendant, there was a risk that the body part of the defendant could enjoy the victim and cover the victim with the possibility that the victim could not easily conceal the victim. Therefore, the defendant had a duty of care to check the victim's body condition so that the victim's body part may not be easily breadable due to separation of space or checking the state of the victim from time to time.
Nevertheless, the Defendant got out of the same bed by the victim in the same bed against the victim, and caused the victim's death on the same day by negligence, which did not live well, due to the victim's body or transfer, and caused the victim's pulmonary death at around 11:20 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement concerning F;
1. A death certificate;
1. A written autopsy and appraisal;
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 267 of the Criminal Act
1. Suspension of execution;
Article 62(1) of the Criminal Act
Reasons for sentencing
1. Scope of applicable sentences under law: One month to two years of credit cooperatives;
2. Scope of recommended sentences according to the sentencing criteria;
[Determination of Punishment] Death and Injury from Negligence (Type 1)
【Special Convicted Person】
[Recommendation and Scope of Recommendations] Basic Field, 6-1 year from the Treasury
3. Determination of sentence: Six months of imprisonment without prison labor and one year of suspended execution;
Judge Lee Jae-soo