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(영문) 인천지방법원 2015.09.03 2015고합327
중상해
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

Punishment of the crime

At around 22:30 on May 30, 2015, the Defendant discovered the victim E (33 years of age) who drinks and drinks in the above restaurant while walking in front of the “D” restaurant located in Dong-gu Incheon Metropolitan City, and 5 years prior to the occurrence of the victim’s bad speech to the Defendant to the female-gu of the Defendant, thereby taking the victim out of the restaurant.

In addition, as the defendant did not go to the death of the victim and did not do so, the defendant caused the defect of the phrase, "I garnment" to see the part of the victim's entrance to the left hand floor, and continued to boom the body and fight with each other, while coming to the victim's left face of the victim, the victim's head was lost, and the back part of the victim's head was faced with the Indian floor.

As a result, the Defendant died on June 15, 2015, while receiving medical treatment from the Jung-gu Incheon Jung-gu Incheon in a state of unknown consciousness by causing bodily injury, such as blood transfusion within the two mouths.

Summary of Evidence

1. Defendant's legal statement;

1. Each witness statement to F, G, and H;

1. A autopsy appraisal report, a death diagnosis report, and a determination of brain death;

1. Application of field photographs, victim photographs, and 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 with prison labor for up to 30 years; and

2. Application of the sentencing criteria [Determination of the type] general injury (where the result of death occurs) (the scope of recommending sentence): Imprisonment for three or five years (general person): Reduction of imprisonment for three or five years (whether a person is suspended of execution of sentence]: The main reason for suspension of execution of sentence : negative - negative - there is no effort for recovery of negative damage - there is no positive contingent crime, serious reflector, suspension of execution.

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