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(영문) 창원지방법원 2013.10.14 2013고합122
존속유기치사
Text

The defendant is innocent.

Reasons

1. From May 31, 2010, the Defendant, as the outpatients of the victim D, was living outside the second floor of the victim, in the house in the window E of Changwon-si from May 31, 2010.

Around November 201, there was symptoms such as a decline in the strength of the victim and a decline in the remote area, etc., and there was a strong concern about a character-related disease in the Chang Kandong Hospital. Moreover, since there was an excessive drinking that caused an empty blood and a symptoms between regions, it was difficult for the defendant, the only blood-related patient of the victim, who is the victim, to frequently remove the body of the victim, change the attitude, keep the surroundings clean, keep the victim’s clean, and protect the victim’s disease from being treated at the hospital in the event of the aggravation of the disease.

Nevertheless, from the end of January 2012, the Defendant brought a room the victim's lives in several days, and only two weeks prior to the death, and left the victim to her softened, and the victim was left to her softened, even though the victim, who was unable to move in the inside of the entrance, etc., but left alone without being able to bring the victim into one time from the night of February 3, 2012 to February 18:30, 2012, and the victim died from the blood transfusion caused by the bath and the farming in the mouth in the mouth of the above victim.

2. Determination

A. The crime of death resulting from abandonment is established when a person obligated to protect is unable to overcome the danger to his/her life and body without the assistance of another person due to aging, illness or other circumstances, or when leaving the person in need of assistance in a state without the protection of the person. In this case, whether the defendant has abandoned or left the victim, and the victim's act is the victim.

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