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(영문) 부산지방법원 동부지원 2016.07.22 2016고합68
상해치사
Text

A defendant shall be punished by imprisonment for four years.

A seized knife (No. 1) shall be forfeited from the defendant.

Reasons

Punishment of the crime

The defendant is the father of the victim C(29 years of age).

On June 2, 2016, at around 06:00, the Defendant continued to be the Defendant under the influence of alcohol while drinking with the victim at the Defendant’s residence located in Busan Shipping Daegu DD 402, where the Defendant had a ice, and the Defendant “Woo-to-see the ice and inside the ice still,”

The phrase, “,” etc., was written off by a kitchen with a height of words, and a kitchen in the above residential area, and the knife (the total length of 28 cm and the knife length of 15 cm) was taken out.

The Defendant reported the victim to the victim with a knife knife, and “the victim” to the victim.

E. The victim expressed his desire to “the son.....” Rather, the victim flicked “the son............” and flicked the victim’s left side and flicked with the victim’s knife for a long time. The victim flicked the victim’s knife at knife............

On June 3, 2016, the Defendant caused the death of the victim who was receiving treatment at the Busan National University Hospital located in the Seo-gu Busan National University Hospital on June 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. A death certificate and a corpse death certificate;

1. Application of the Acts and subordinate statutes of the scene of crime, photographic photo of criminal implements;

1. Article 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. The scope of the recommended punishment on the sentencing guidelines [the type of decision] general injury, type 3 (where the result of death occurs), - mitigated person: The amount of punishment not to be imposed (the victim's intent to punish the defendant of his/her birth was not confirmed, but the victim's will not be punished in consideration of family relations, etc.) - A person under consideration: A person under consideration of family relations, etc.: A person under consideration carrying a deadly weapon or other dangerous articles (the scope of the recommended punishment) and committing a crime (the basic area) 3 to 5 years (the basic area).

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