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(영문) 서울북부지방법원 2018.1.19.선고 2017고합447 판결
상해치사
Cases

2017 Highly 447 Injury, etc.

Defendant

1. A;

2. B

Prosecutor

○○ (Lawsuits) and ○○ (Public Trial)

Defense Counsel

Law Firm ○

Attorney OOO (for the defendants)

Imposition of Judgment

January 19, 2018

Text

Defendants shall be punished by imprisonment for four years.

Reasons

Criminal facts

On October 6, 2017: around 01:15: around 15, the Defendants: (a) reported that the Defendant was in front of the taxi door in order to receive a credit card calculated by paying the taxi expenses from the taxi on the front of the 'OOOO' located in Seoul ○○-gu****'; and (b) when the victim △△△△△ who intends to board the said taxi has taken the 'si in front of the said Defendant, she would immediately take the 'si in the said si in the si in the si in the si in the si in the si in order to receive a refund of the credit card calculated by paying the taxi expenses from the taxi on the above si in the si in the si in the si in the si in the si in the above place, the Defendants took a dispute as soon as possible with the said Defendant’s son in the son.

Accordingly, even though Defendant B and the victim’s daily activities were fighting in such a way as to harming Defendant A and the victim, the victim continued to scam the victim’s scambling at this Donge while taking a bath to Defendant A, and the victim started scambling with the scambling scambling of the victim’s scambling of the scambling of the scam in a water reservoir located on the neighboring main scam, and the Defendant A started scambling with the victim after scambling the fighting in the process. As the fighting continued, the victim was scambling with Defendant A while scambling the bed in the vicinity of the boundary of India and the sidewalk, and the victim was also deprived of the balance between Defendant A and the scambling of the scambling of the scambling of the above scam.

Accordingly, Defendant A sent the beer disease to the upper part of the victim’s chest, which was broken on the upper part of the victim’s chest, and the width of the above bed. Whether the door shows a letter that the victim’s face needs to be known or not. . . . . . . Defendant B, by drinking the victim’s face, continued to walk one time with the victim’s face face and continued to walk one time, led the victim to a part of the victim’s face, thereby making the victim take part in the part of the part of the part of the victim’s face, and eventually resulting in the victim’s blood transfusion, etc. due to the long-term shock, and eventually, around 04 October 6, 2017: 5, at the 23rd Gyeong Medical Center located in Dongdaemun-gu Seoul Metropolitan Government, as the 23rd Gyeong-gu Gyeong-gu, Seoul.

As a result, the Defendants conspired to inflict bodily injury on the victim and caused his death.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police officer's statement on Dognae and Dognae;

1. 현장 및 피해자 촬영 사진, 현장감식결과보고서, 현장 사진, 현장 CCTV 영상 캡쳐 사진, △△△, □□□, ◇ 주점 CCTV 영상자료 CD, △△△, □□□, 노래방 CCTV 영상자료 CD, 사망진단서

1. Each investigation report (the analysis of CCTV images, reports on the results of field identification and the attachment of field photographs, body photographs, on-site CCTV analysis, and re-Analysis of on-site CCTV);

1. 각 내사보고 ( 목격자 ◇ 상대 목격경위 등 확인 내사, 경희의료원 의사 의 진술 )

Application of Statutes

1. Article applicable to criminal facts;

Defendants: 1. The reasons for sentencing under Articles 259(1) and 30 of the Criminal Act; 3 years in prison; 30 years in prison;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Type] In general injury to violent crimes: Type 3 (In the event of the occurrence of the result of death), the basic sphere of injury (the recommended sphere and the scope of punishment), 3 years of imprisonment, 5 years;

3. Determination of sentence: Four years of imprisonment; and

[Unfavorable circumstances] The crime of this case was committed by the Defendants, while leaving a taxi, resulting in the Defendants’ injury to the victim and the Defendants, who would be in sight, thereby causing the death of the victim. The crime of this case led to the occurrence of an uncomfortable consequence that the victim died. Nevertheless, the Defendants were not able to use from the victim’s family. Family members of the victim wanted to be punished by the Defendants.

[ favorable circumstances] Defendants recognize and reflect their own crimes. Defendant A has no record of being punished in excess of the fine, and Defendant B has no record of being punished for the same crime.

They want to be able to find the main body of the Defendants.

In addition, the defendants' age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, and various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime, shall be determined as the order.

Judges

Judges Park Nam-cheon, Counsel for the defendant

Judges fixed-type

Judges Kang Jin-han

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