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

Punishment of the crime

On December 2015, the Defendant became aware of the Victim D (46 tax) who carries out the implementation project at around 2015, and invested KRW 30 million in relation to the implementation project to the victim on April 2016, and had been able to help the victim conduct the implementation project from that time, and had not been fully refunded the said money until March 13, 2017.

From March 13, 2017 to around 22:54 of the same day, the Defendant took the face of the victim because the victim living in Seocho-gu Seoul Metropolitan Government E means Ftel 1422, and the victim and the two parties did not recover the said money due to the fact that the victim and the two parties did not properly proceed with the victim's implementation project, which led to the failure to recover the said money. As the Defendant took part in a dispute once due to the victim's head, the Defendant took part in the victim's face by drinking.

The Defendant: (a) caused an injury to the victim by putting the victim into an unknown state due to respiratory suspension by force dividing the victim’s s and part of the victim’s body by his arms listed above the body of the victim against the Defendant; (b) caused an injury to the victim; and (c) on the same day, around 23:02, the victim was temporarily suffering from the cardiopulmonary resuscitation of the members of the first-aid unit called upon the Defendant’s report; (d) on March 14, 2017, around 222 as the distribution of the Seocho-gu Seoul National University Hospital, the victim was suffering from the death of the victim due to the heart suspension by pressure formula while being receiving medical treatment at the Sungsung Hospital of the Seoul National University.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A death diagnosis report, a result of autopsy, and an autopsy appraisal report;

1. Each photograph, a detailed statement of the processing of reported cases, requests for genetic analysis, replys, and destination of emergency medical services;

1. Application of Acts and subordinate statutes to each investigation report (referring to the victim's damage status, etc., CCTV verification-related relation, autopsy opinion-related relation), each internal investigation report (related to the opinion in charge, results of the autopsy, attachment of the results of the autopsy), and drilling report (written autopsy appraisal, etc.);

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

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;