(영문) 서울동부지방법원 2015.9.11.선고 2015고합98 판결

Defendant U.S.*, Article 1* Each year and six months of imprisonment of one year and six months, Defendant Kim* Each year and eight months of imprisonment of one year and eight.

However, with respect to Defendant U.S.*, Article **, the execution of each of the above punishment has been suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

Defendant U.S.**** is in the Gangnam-gu Seoul Metropolitan Government*** in the Dong* 4's Taekwondo, Defendant Glaver* is in the Gangdong-gu Seoul****** in the Dong**** in the Dong, Defendant Choyang** in the Gu*** in the Ansan-si**** in the Gu** in the Goyang-si*** in the 5th sports hall, and the victim A (25 years old) is a patient with a mental disorder of Grade III in the mental retardation disorder who has loaded Taekwondo from the general director of the above sports center from the time of elementary school and middle school.

B From August 23, 2014, from around 2014, the Victim’s mother was entrusted to C and did not allow all interviews or contacts with the Victim, and the Victim and Gangdong-gu Seoul Metropolitan Government* is boarding in the main gymnasium in the above gymnasium* Dong-gu and started close guidance for the improvement of the Victim’s magnetic disorder.

B From September 14, 2014 to October 21, 2014, the victim’s bucks and tree bucks, elbucks, macks, kacks, and so on several times in a number of times, and the victim’s body is unfolded by hand, and the victim’s body was continuously bucked due to their bucks, tree spacks, etc. during the period of the above camp, and the victim was able to live in the victim’s body with spacks, spacks, spacks, spacks, spacks, spacks, arms, legs, etc. during the above camp, and the victim was killed in the victim’s buck, spacks, spacks, spacks, spacks, spacks, spacks, and spacks.

B, around October 23, 2014, five days prior to the date of the death of the victim, and had the Defendants depart from the Republic of Korea on October 23, 2014, and had the Defendants enter the Republic of Korea from October 23, 2014 to October 30, 2014, respectively, on the designated date of each of the said gymnasiums, and directly instructed the victims to protect and manage the victims while operating the said gymnasiums along with the accommodation, or instruct the Defendants by means of inserting schedule in the Gulgle C through a person in charge of personnel management.

1. Defendant U.S.** On October 25, 2014, 09:00 from October 25, 2014 to October 14:00, 2014, the Defendant protected and managed the victims under the direction of B as above * in Gangdong-gu Seoul ** in the principal hall of the above sports hall located in Dong * in cooperation with the victims.

At the time, the victims were continuously faced with the body from B, such as the blood transfusion of the body that had been continuously faced with as above, the clock pelf, damage to eussp, the spons of skins, the destruction of skins, and the sponsing of skins, etc. The face and the body of the body of the victim were filled up, failed to appropriately drink food, and it was impossible to walk normally. From October 22, 2014 to night, the body was sponsed rapidly, and the body was f5 km around August 23, 2014 when the victim started the dormitory (the body was about 75 km around August 23, 2014 when the victim started the dormitory).

10. At the time of death on 28. 28., the health conditions have deteriorated rapidly, such as the occurrence of a bath on the wind, which continued to take place due to the lack of body from work.

During the above period, the Defendant appeared together with the victim and directly observed the above victim’s health condition. At the time, the head of the above sports center dialogueed that the victim’s body condition was serious in the group Kakao Stockholm room of the head of the above sports center. The Defendant was aware of the victim’s health condition, such as “***.”

In such a case, the Defendant immediately transferred the victim to a medical institution for treatment or brought food to the victim for an appropriate relief by notifying the mother of the victim of his/her duty to ensure that the victim may receive appropriate relief measures, and the mother of the said gymnasium visited the main hall of the said gymnasium without notifying the victim of his/her health condition, and abandons the victim again without taking any measures, and thereby, the victim left the center of the said gymnasium alone, and thereby, caused the victim’s gymnassis damage to the gymnasium and the gymnassis caused its death.

Accordingly, the defendant abandons the victim and caused his death.

2. Defendant conciliation* The Defendant received instructions from B as above, and on October 24, 2014: around 00 to October 27, 2014.

From 09:0 to 00, Gangdong-gu Seoul * in the main sports center in Dong* in the main sports center in Dong, together with the victim, and protected and managed the victim.

10. At the time of death on 28. 28., the health conditions have deteriorated rapidly, such as the occurrence of a bath on the wind, which continued to take place due to the lack of body from work.

During the above period, the Defendant appeared together with the victim, and directly observed the above victim’s health condition. At the time, the head of the above sports center dialogueed that the victim’s body condition was serious in the group Kakao Athy room of the head of the above sports center. On October 27, 2014, the Defendant was well aware of the victim’s health condition, such as “***’s status continues to be raped, and directly reporting the victim’s body.”

In such a case, the Defendant immediately sent the victim to a medical institution for treatment or notified the mother of the victim of his/her duty to provide assistance so that the victim may receive appropriate relief measures by bringing food during the above period, and falsely speaks that the mother of the victim who visited the main gymnasium in question is living well-known by the victim, and abandons the victim without taking any measures, without being taking any measures, by neglecting the victim as it is. Accordingly, on October 28, 2014, the Defendant caused the victim’s death by the gymnassis damage to dymnasium and its combined infection.

Accordingly, the defendant abandons the victim and caused his death.

3. Defendant Kim* The Defendant received instructions from B as above, and on October 23, 2014: (a) around 00 to October 24, 2014.

From October 27, 2014 to October 27, 2014: From October 00 to October 10, 2014, to October 28, 2010:30 to October 28, 2014, Seoul Gangdong-gu* The above sports center in Dong* was located with the victim, and the victim was protected and managed.

10. At the time of death on 28. 28., the health conditions have deteriorated rapidly, such as the occurrence of a bath on the wind, which continued to take place due to the lack of body from work.

The Defendant, as a criminal in charge of the foregoing sports center, directly observed the assault of the Victim B as a criminal in charge of the foregoing sports center, and tried to purchase drugs, such as franchising, franchising, etc., at the victim’s top level six times at the direction of the Defendant, and directly tested the victim’s health conditions during the above period. At the time, the head of the foregoing sports center dialogues that the victim’s body was serious in the victim’s body condition in the Kakao Stockholm TV room, and around October 24, 2014, the Defendant was aware of the victim’s health condition, such as: (a) he was unable to make a day to report to the criminal E on the crime’s physical body, after sending text messages to the victim, and (b) he was aware of the victim’s health condition on October 27, 2014.

In such a case, even though the Defendant was obligated to immediately forward the victim to a medical institution for treatment or to notify the mother of the victim of his/her obligation to take appropriate relief measures, he/she would bring food to the victim during the above period, and the mother of the victim visiting the main gymnasium is deemed to have been living well by the victim, and the mother of the victim who visited the main gymnasium was living together. On October 27, 2014, without taking any measures despite the sound that the victim gymnas suffered from pain at night, he/she abandoned the victim as he/she was left alone, and thereby, the victim led the victim to the dymnassis damage from the main gymnasium and the infection caused by the combined infection.

Accordingly, the defendant abandons the victim and caused his death.

Summary of Evidence

1. Defendants’ respective legal statements

1. C’s legal statement;

1. Each prosecutor's protocol of examination on the Defendants and B

1. Examination protocol of suspect E by the prosecution;

1. Copy of the protocol of examination of suspect for prosecution concerning D in the Seoul East District Prosecutors' Office 2014 type No. 51156;

1. Some police interrogation protocol against the Defendants

1. The statement of each police officer made to F and G;

1. 수사보고 ( * * 빌딩 CCTV 열람 ), 수사보고 ( ※※빌딩 추가 영상 확인 ), 부검감정서, 사실조회 회보서, 카카오톡 대화 내용, 판결문 ( 서울동부지방법원 2014고합390 ), 발생보고 ( 변사 ), 변사현장체크리스트 ( 지역경찰, 형사, 과학수사 ), 검시결과서, 시체검안서 , 검시조서, 내사보고 ( 김 * * 휴대폰 카카오톡 메시지 확인 ), 수사보고 ( 약구입 관련 탐문 ), 수사보고 ( 숙식 시작 전 건강하였던 피해자의 모습 확인 ), 수사보고 ( B 지시로 임마누엘 약국에서 김 * * 이 구입한 약 확인 ), 수사보고 ( 유 * * 이 구입한 약 확인 관련 ) 1. 약국 CCTV 영상 사진, 구글 캘린더 사진, CCTV 영상 사진, 각 피해자 사진, 변사 현장 사진

Application of Statutes

1. Article applicable to criminal facts;

Articles 275(1) and 271(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Suspension of execution (Defendant U.S.*, assistance*)

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

Judgment on the Defendants and defense counsel's assertion

1. Summary of the assertion

The Defendants recognized the body body of the victim to the extent that they could die due to the assault by the General Director B, and provided the victim with an ordinary protection such as drinking the body body of the victim and waiting for instructions by reporting it to B.

Considering the objective situation of the victim on duty, the perception of the Defendants, the living environment of the victim, the status of the Defendants, etc., the Defendants cannot be deemed to have deserted the victim or had the intent to abandon the victim.

In addition, the death of the victim is the direct cause of continuous assault in B, and the act of not notifying the mother of the victim of his or her situation or neglecting the victim's status is not an impact or additional cause on the process of his or her death. Thus, there is no causation between the Defendants' abandonment and the death of the victim. In light of the private person of the victim, the progress of the victim's death in the light of the victim's death cannot be known to the external defendants within the victim's body. Thus, there was no possibility of the victim's death.

2. Determination

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendants did not take appropriate relief measures despite the victim’s awareness of the circumstances that the victim could not overcome the danger of his/her life and body or that it is considerably difficult to overcome the harm without others’ aid due to assault, etc. by assault, etc. by the victim, and neglected the victim’s life and body only. Such act constitutes “the act of causing harm to his/her life and body” by placing the person in need of assistance in a state where he/she is not protected. The Defendants could sufficiently recognize that the act would cause harm to the victim’s life and body, and thus, the Defendants could have sufficiently known that there was an intentional abandonment.

Furthermore, the following circumstances are as follows: ① The victim showed a large number of times of occurrence in telegraph, such as face, head, chest, chest, fel, fel, kn, tur, arms, legs, etc.; the victim appears to have been dead of infection caused by a high level of repeatedly occurring marcing, marcing, marcing, marcing, marcing, and marcing heat; ② the damage caused by private death of the victim as a result of the inquiry by the National Scientific Research and Research Institute of Korea (hereinafter referred to as the "National Scientific Research and Research Institute") was caused by a high level of force caused by the damage; the victim was found to have been infected with secondary infection without proper treatment; the victim’s injury caused by violence and the victim’s death could be deemed to have been sufficiently recognized as having caused the death of the victim; and thus, the causal relationship between the victim’s act and the victim’s death may be deemed to have been combined.

Therefore, Defendants and defense counsel’s assertion is without merit.

A. Defendant U.S.*** (1) Defendant U.S. ** was sent at an investigative agency for the first time on August 2014, 2014. At that time, the victim appeared to have a health level of 180cm and the body weight of 80km. From August 2014 to October 10, the victim was a head of a sports center twice in one month in order to conduct lessons or attend a meeting and several times of the victim. “The victim was already aware of the form of the victim at the time of health considering the victim’s appearance in the process of visiting the main sports center from the day prior to the day of duty for protecting and managing the victim, such as making a statement to the purport that it is, etc.

2) Defendant U.S.* In an investigative agency’s visit to a sports hall on October 25, 2014 to protect and manage a victim, the victim’s condition was reported to him/her at the time of his/her visit. The degree was slided by the land that he/she was unable to kill the victim. The body weight was 50 to 60km, and the victim’s face, body, and arms were found to have been brupted, and the victim’s health condition was serious as a whole. The victim’s health condition, unlike the victim’s health condition that had been shown before the statement to the purport that it was “,” was perceived from the time of commencing the protection and management.

3) Defendant U.S.* The state of heating with the body of the victim during the period on duty * The victim was unable to drink food properly, the victim cannot walk normally, the symptoms that spawn it was spawn without the spawn, and the shape of the spawn continued because the body cannot move in without the spawn.

4) On October 26, 2014, the term "A" in relation to the condition of the victim at the sports center's Kakaothy room of the head of the sports center "A" in relation to the condition of the victim "A" * The defendant's U.S. ** I am this feas, and drug drinking" in this Section "the defendant's oil ******* was good and good. The fact that the defendant's body is not very good. The fact that the victim's health conditions have deteriorated during the period of protecting the victim, such as making a statement, was known and reported to B. The defendant's answer "I am to the police"* "I am to the defendant's answer to the defendant's Kaothy"* "I am to the police during the interrogation process of the suspect's body"* "I am to the defendant's answer to the defendant's Kaothy."

6) Defendant U.S.* Although recognizing that the health condition of the victim was serious, * did not notify the mother of the victim who visited the sports center of the health condition of the victim, but did not notify the victim of the health condition of the victim. The mother of the victim who visited the sports center of the purchase of drugs such as piracy, etc., but did not take appropriate measures such as moving the victim to the medical institution and moving the victim to the medical institution.

B. Defendant conciliation*** Defendant 1) * * was sent to the investigative agency for the first time on August 2014 at that time, the victim appeared to be healthy at that time at that time at that time at that time at that time at that time at that time at that time at that time at that time at that time at that time at that time at that time at that time at the sports center showed the victim more than 176cm and 74km in size. There was no big difference between the victim’s situation at that time at that time at that time at that time at that time at that time at that time at that time at that time. The victim was already aware of the form at the time of the victim’s health by viewing the victim several times during the on duty period for protecting and managing the

2) Defendant’s conciliation* at an investigative agency, “Around October 25, 2014, at the time when the victim’s body was first confirmed, the victim was his/her portrait face, and the victim was humped. At the time of the first checking of the victim’s body, the victim was humped, and the victim was humped. The victim was found to have been off his/her body at the time when he/she was humpted, and the victim was found to have been off his/her body at that time. The victim’s status was examined before reporting the victim’s status, and a large number of times was changed. The victim thought that the victim was fumpted to have been living more than 60 km from the time when he/she commenced the protection and management of the victim’s health condition aggravated, unlike before making a statement, etc. to the effect that “the victim was aware.”

3) Defendant conciliation* The state of heat putting the body of the victim on duty while on duty, the victim was unable to drink food properly, sweet and walk normally, symptoms that sweet without a sweet, and sweet the body, and the body can not move properly during the period of duty.

4 ) B의 지시사항을 다른 관장들에게 알려주는 인사담당 D 관장이 2014. 10. 27. 체육관 관장들의 단체 카카오톡 대화방에서 피해자의 상태와 관련하여 " * * 상태는 어떤 가요 ? " 라고 묻자 피고인 조 * * 이 " * * 상태 심각, 일어나지도 못하고 오줌 계속 싸고 이불 갈아주면 싸고. " 라고 답변하였고, 이에 대하여 피고인 조 * * 은 경찰 피의자신문과정에서 경찰의 " 어떤 상태를 보고 심각하다고 느끼고 그렇게 보고를 한 것인가요 ? " 라는 질문에 " 움직이려고도 안하고 누워만 있고 소변을 가리지도 못한 채 이불에 오줌을 싸고 그런 걸 보고 심각하다고 느꼈고, 제 다음 김 * * 사범에게 어떤 지시를 내려달라는 의미로 총관장에게 심각하다, 오줌을 쌌다라는 메시지를 보낸 것입니다. " 라고 답변하였고, " 총관장에게 그렇게 보고를 할 정도였다면 당시 정말 심각한 상황을 인지하였다는 것이네요 ? " 라는 질문에 " 예, 조치를 어떻게 취해 달라고 말을 한 것이었습니다. " 라고 답변하는 등 피해자를 보호하는 기간 동안 피해자의 건강상태가 심각하게 악화된 사실을 인식하고 B에게 보고까지 하였다 .

5) Defendant 1* The police during the interrogation of the suspect of the police stated that “I would have not reported the state of A even if the other general person had been involved in the interrogation of the police?” The question of “I would have received hospital treatment if the other person had been the same.” Defendant 6) ** although the mother of the victim who visited the sports center knew that the victim’s health condition was serious, I would like to say that the victim was well living without notifying the mother of the victim who visited the sports center of the health condition of the victim, and did not take proper measures such as making the victim take charge of or flick the bridge of the victim and leaving the medical institution.

C. Defendant Kim**** at the time of the commencement of the victim's health before May 2, 2014 at an investigative agency, the victim appeared to be healthy at about 180cm and 75 to 80km in size. The date of leaving a gymnasium was closed at least once every day except that the victim fell at least 3 to 4 hours when galmnasium was cut off. The victim was the one who was most frequently, near for a long time, and was well aware of changes in the state of the victim during the period of accommodation. From 20 days prior to the date of the day of the duty to protect and manage the victim, such as the statement to the purport that "the victim was 0.2 days prior to the date of the victim's health, the victim was well aware of the condition of the victim's health before 20 days prior to the date of the victim's death, and the defendant Kim * was out of 25 days prior to the date of the victim's death.

3) Defendant Kim* * The state of heat putting the body of the victim on duty while on duty, the victim was unable to drink food properly, sweet and walk normally, symptoms that sweet without a sweet, and sweet the body of the victim, and the body of the victim continued to be accumulated.

4 ) 피고인 김 * 은 2014. 10. 24. 피해자의 상태와 관련하여 체육관 보조사범 E에게 " 아나 이식기 때문에 미치겠네. 오줌 또 갈겨놨어. 이불 새거 줬는데 하루를 못 가네. "라는 카카오톡 메시지를 보냈고, 이에 대하여 E이 " 도대체 뭐가 불만일까요 ? " 라고 묻자 " 불만보다 몸이 병신이 되어서 " 라고 대답하는 내용의 메시지를 보내는 등 피해자의 건강상태가 심각하게 악화된 사실을 인식하고 있었다 .

5) Defendant Kim* directly observed the assault of the victim by B on several occasions before the end of duty as a sports center offender, and as a direction of B, purchased drugs, such as franchising, in the upper part of the victim several times.

6 ) 피고인 김 * * 은 피해자의 사망 전날인 2014. 10. 27. E으로부터 피해자가 죽을 먹은 후 구토하였다는 사실을 들은 점, 피고인 김 * * 의 여자 친구 G가 수사기관에서 " 2014. 10. 27. 21 : 00경 체육관 본관을 방문하여 체육관에 있는 사무실에서 피고인 김* * 과 대화를 하였는데, 제가 사무실에 왔을 때부터 피해자는 끙끙하면서 소리를 내었고, 사무실 출입문이 열려 있을 때는 피고인 김 * * 과의 대화가 방해될 정도로 소리가 큰 편이었다. " 는 취지로 진술한 점 등에 비추어 볼 때, 피고인 김 * * 은 2014. 10. 27. 경피해자의 건강상태가 더욱 심각하게 악화된 사실을 인식하고 있었다 .

As above, Defendant Kim*** did not take any particular measures to close the office on the ground that the health condition of the victim prior to the death of the victim significantly deteriorated, and the victim's new flusium was obstructed in the dialogue with women's flusium, even though the victim took part in the victim's new flusium.

7) Defendant Kim* aware that the victim’s health condition was serious, but the mother of the victim, who visited the sports center, did not notify the victim’s health condition and did not know about the victim’s health condition, and did not take appropriate measures such as bringing the victim’s death to medical institutions.

Reasons for sentencing

1. Application of the sentencing criteria;

[Extent of Recommendation] In the case of death resulting from abandonment, the mitigation area (one year or six months or three years)

[Special Mitigation] Where the result of death does not result in a defendant's direct act;

2. The case where the sentence sentence decision was rendered by the Defendants: (a) leaving the victim at a hospital or without taking appropriate measures to contact his/her family members despite the aggravation of his/her health condition; (b) resulting in the death of the victim; (c) resulting in the Defendants’ act that led to the death of the victim; (d) the victim’s bereaved family members were suffering from a life-sustaining mental shock and suffering; (c) the Defendants’ bereaved family members were able to recover throughout their lives; and (d) the Defendants did not seem to have a genuine reflective attitude by denying the crimes by proving that they were taking normal protective measures; and (e) the statutory minimum statutory penalty of the instant crime is three years of imprisonment.

However, there seems to have been a significant cause of the victim's death, defendant U.S.*, *, * * * * * * * * * * * * Initially organized disease, etc. which are favorable to the defendants, and all the sentencing conditions such as the defendants' age, character and conduct, environment, circumstances of the crime, and circumstances after the crime.

However, in light of the fact that Defendant Kim** was a principal gymnasor who was a gymnasor in which the victim was lodging and lodging, unlike other Defendants, the victim was present and was well aware of the peace and health status of the victim compared to other Defendants, and was a guardian on the date of the victim’s death, Defendant Kim ** was seriously punished.

Defendant U.S.*, *, * is to suspend the execution of imprisonment with labor for *, * in consideration of the fact that she is not a chief or a criminal employee working in the main sports center and was not living together with the ordinary victim and that she was not a guardian on the date she died.

Judges

Judges Han-Ann-si

Judge Cho Jae-han

Judges Lee Sung-sung

Note tin

1) Although the bill of indictment is around October 26, 2014, it is recognized that it is " around October 27, 2014," according to the evidence of this case, it is " around October 27, 2014";

Since there is no concern about substantial disadvantage to the defendant's exercise of the defendant's right of defense, this part is corrected as above.

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