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(영문) 인천지방법원 2017.06.30 2017고합192
상해치사
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

From the end of November 2016, the Defendant was living together with the victim E (V, 19 years of age) in Gyeyang-gu 2, 401, Incheon Gyeyang-gu, Incheon.

The defendant has continuously assaulted the victim on the grounds that he or she is harassing the frighten that he or she was raising by a person who has been sexually injured by the defendant, and makes the statement to the defendant recklessly

On March 22, 2017, at around 04:00, the Defendant rendered lessons to the victim for the foregoing reasons in the above Defendant’s residence, and the victim’s face was taken one time due to drinking by the victim on the ground that the victim was injured, and the victim took part in or walked to the part of the victim due to his/her appearance beyond the floor, and took part in or walking to the victim’s face by drinking.

피고인은 계속하여 2017. 3. 24. 04:00 경 피고인의 주거지에서, 피해자가 잠을 자면서 소변을 보았다는 이유로 피해자에게 훈계를 하던 중, 피해자가 피고인에게 대들면서 피고인이 기르던 고양이를 집어던졌다는 이유로 화가 나, 발로 피해자의 배를 2회 걷어찼다.

As a result, the victim suffered from the marical symptoms such as the above, the windowpane, etc. whose number of days of treatment cannot be known, and died of the 21-Ga, 774, Namdong-dong, Incheon, Namdong-gu, Incheon, 774, as it was around 02:45 on March 25, 2017.

Ultimately, the defendant injured the victim and caused the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to death certificates and autopsy appraisal certificates;

1. Grounds for sentencing under Article 259 (1) of the Criminal Act with respect to the facts constituting an offense;

1. The scope of punishment by law: Imprisonment with prison labor for three years - thirty years;

2. Application of the sentencing criteria [the types] and three types (where the result of death occurs) (the scope of recommended punishment] of general injury; the basic area of the sentencing criteria; three years of imprisonment; and five years.

3. Determination of sentence: The following circumstances shall be taken into account in the imprisonment of five years, and the age, sex, environment, motive and background leading to the instant crime, method and method of committing the instant crime.

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