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(영문) 인천지방법원 2013.09.04 2013고합260

상해치사

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 21, 2012, at around 23:00, the Defendant was in a vision on the ground that he brought a cell phone between G and H, a victim F (35 years of age) in front of the entrance of the EN club located in Seo-gu Incheon, Seo-gu, Incheon, brought about a cell phone between G and the Defendant’s one-way driver, and the Defendant, who was in front of the said two persons, was tightly in his own hand, was pushed down with the victim’s breath, and the Defendant and the victim came to go beyond the same floor while fighting his body.

The Defendant, as a food going above the floor of the victim's body, made the part of the victim's face unfolded so that the victim can have the face, and thereby, caused the victim to be injured by cerebral le, etc. on the 24th day of the same month, and caused the victim's death by an external dynassis centering on the brain floor while being treated at an I Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Each police statement to G, J and K;

1. A medical certificate of death, a copy of medical records of those who have suffered from changes, and a autopsy and appraisal report;

1. Application of CCTV image data, F damaged photographs, and statutes governing emergency medical services areas;

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

2. Scope of recommendations: Imprisonment with prison labor for a period of two years to four years: Determination of the recommended area where the result of a group of violent crimes, a general injury, or a death of Type 3 has occurred: Reduction area (limited efforts for recovery of damage, a serious radius).

3. Determination of sentence: Imprisonment with prison labor for a year and six months (the following sentencing is sentenced to a sentence lower than the lower limit of the recommended field in the sentencing guidelines), the crime of this case is committed on the grounds of minor negligence, and the victim who suffered bodily injury is in an unknown state in the hospital room between the patients in this frame, and the method of the crime is eventually committed.