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(영문) 창원지방법원 통영지원 2015.04.02 2014고합143
상해치사
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Around 02:10 on December 1, 2014, the Defendant passed the road front of the studio construction site in Scambling C, and the victim D (the 56-yearsssssss) listen to the sound that the victim d (the 56-yearsssss) desires to drinking in the construction site, and entered the construction site, and in which the victim and the victim have a verbal dispute with the victim, the Defendant d (the drums) took the part of the victim d's clothes only once, and she took the part of the victim's clothes that are going beyond the floor of the dice drinking.

The victim died at the construction site of the same day at around 07:45.

Accordingly, the defendant injured the victim and caused the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. A report on investigation (Attachment of a written appraisal);

1. The application of Acts and subordinate statutes, such as a physical list, a scene of a change, a photo of a corpse, and a death certificate at each change site;

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. The scope of punishment by law: Imprisonment for one year and six months; - 15 years;

2. The range of recommendations on the sentencing guidelines / [the range of recommendations] / [the range of types of violent crimes, general injuries, and Type 3 (where the result of death has occurred) (the specially mitigated person] also bears considerable responsibility for the occurrence of crimes or the expansion of damage to victims: two years of imprisonment; and

3. Determination of sentence [Opinion of Prosecutor] 4 years of imprisonment with prison labor / [Judgment] The Defendant, two years of imprisonment with prison labor, assaulted a victim who seems to have been much older than himself/herself and was unable to properly hold his/her body, leaving the victim left alone at the construction site of a new wall, and eventually led to the death of the victim.

Considering the severity or gravity of the result of the assault exercised by the accused, it is necessary to punish the accused with heavy punishment.

However, the crime of this case is committed in order for the victim to take the first place before the defendant.

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