2015 Gohap466 Bodily Injury resulting in Bodily Injury, Assault

○○ (94 - 1), Non-permanent,

assistance. (Criminal Prosecutions) Doescary (Courtrooms) Doctrine sctrine sctrine sctrine sctrine, Park sctrine

Attorney Park Jong-ho, Maho-ho (Ne-ho)

October 7, 2015

A defendant shall be punished by imprisonment for four years.

Criminal facts

The defendant is a son of the victim stronger (the age of 59) and the victim Kim Man (the age of 49) is a son of the victim's mouth.

In 209, the Defendant’s strong dumnasium and her mother dumnasium and her mother were divorced from each other, and the relationship has been restored, and during the victim’s strong dumnasium and her parents were her parents.

While the mother was dissatisfied with the non-conformity of adjudication, he was aware of the fact that he was suffering from stress caused by the internal relationship of the victim's strong force before her return on June 17, 2015, and was subject to mental and medical treatment.

On July 27, 2015: around 00, the Defendant, at the dwelling space of ○○○○○○○○○○, located on the road of Gyeyang-gu, Incheon, Gyeyang-gu, ○○○○○, in a manner that she was unable to drink her, her friend and alcohol, and her friend and her her friend her friend her, and the victims her her friend her her friend her her fl

이 거실로 나오면서 피고인에게 " 어디 가서 술 먹고 왔냐 " 라고 물어 " 알 필요 없어 " 라 고 대답하면서 화를 참고 피고인의 방으로 들어가려고 하였으나 그 때 거실로 나온 피 해자 김◎◎으로부터 " 무슨 일인데 " 라는 말을 듣자 , 피해자들의 내연관계로 인한 스트 레스로 사망하였다고 생각한 어머니가 떠올라 격분하여 , 피해자 강◎◎에게 " 씨발 내 가 데려오지 말라고 했잖아 , 아직도 정신 못 차렸네 " 라고 소리치면서 양손으로 피해자 강◎◎의 멱살을 잡고 거실 유리창에 머리를 박아 눈 부위 등이 찢어지게 하고 , 그 충 격으로 깨진 유리창 앞 서랍장에 걸터앉은 피해자 강◎◎의 손을 잡아 피고인의 방 쪽 으로 끌고 가 발로 복부를 걷어 차 피해자로 하여금 바닥에 머리가 부딪쳐 " 쿵 " 소리 가 나도록 뒤로 넘어뜨리고 , 그 옆에 있던 피해자 김◎◎에게 달려들어 양손으로 멱살

B Miscellaneous and dried on the floor of the living room.

Accordingly, at around 00 on July 28, 2015, the Defendant: (a) at the Hando Hospital located in the funeral of Gyeyang-gu Incheon, Gyeyang-gu, Incheon, the Defendant inflicted an injury on the victim stronger, who is still in existence, resulting in the death of the victim's sculposis due to the left verteculc fever, thereby causing the death of the victim's sculpum sc

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the police concerning the victim Kim Matri;

1. Family relation certificate:

1. A copy of a death certificate, records of obligations of victims, copy of the autopsy report, and a copy of the autopsy report;

1. A letter of autopsy and appraisal of the National Institute of Scientific Investigation;

1. Each investigation report (to visit a Korean forest hospital, to attach relevant photographs, to death of a victim, victim Kim Man-cil; hereinafter referred to as “Korean forest hospital”);

The report of telephone hearing by a autopsy shall be made

1. Related photographs (on-site photographs);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 259(2) and (1) of the Criminal Act (the point of injury by life or death, the choice of limited imprisonment) and Article 260 of the Criminal Act

Article 1 (Use of Violence, Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37 former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Death or Injury Resulting from Bodi Line of Lineal Ascendant)

Punishment 2. Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the two crimes

1. Discretionary mitigation;

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

Reasons for sentencing

1. The scope of applicable sentences under the Acts: Imprisonment with prison labor for not less than two years and six months to 16 years; and

2. Application of the sentencing criteria;

(a) Injury by continuation;

[Determination of Type] General 3 (Case of Death)

【Ad hocd Person】 a surviving victim

[Recommendation Form] Aggravation: 4 to 7 years

(b) Violence;

[Determination of Type 1] Violence Crime Group (General Violence)

[Recommendation-type] Basic Area: Imprisonment of two months to ten months;

(c) Handling multiple offenses: Imprisonment with prison labor for a period of four years to seven years.

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

The crime of this case was committed by the defendant, due to the fact that the victim was under stress to the degree of mental disorder before the victim's her mother's her mother's her mother's death due to her internal relationship with her son's son's son's son's son's her mother's her mother's her mother's her mother's death, and the victim's her son's her son's her part

In the same way, the victim Kim Man's assault was committed, and the criminal liability is heavy in light of the content of the crime and the attitude of the act.

The high life of a person who committed a crime by a defendant was infringed, and in particular, the crime of a defendant was committed with respect to the existence in which it is hard to be ethically acceptable, so it is highly likely to criticize the defendant.

However, the defendant is not only aware of all of the crimes in this case and reflects in depth, but also has caused the death of his father before and after his death, and it seems that he should live a life in the future.

In addition, the Defendant appears to have caused the instant crime by contingency while under the influence of alcohol. Some of the bereaved family members abutting on the death awareness of the victim strong breath, are the Defendant’s wife, and the Defendant has no record of criminal punishment other than juvenile protective disposition, considering the favorable circumstances of the Defendant, and considering all other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the punishment as set forth in the Disposition shall be determined.

Jurors verdict and Sentencing Opinion

1. Do verdict;

Defendant: Nine jurors (Innivesy)

2. Sentencing Opinion

Four years of imprisonment: two jurors;

Imprisonment for a period of four years and five months: two jurors;

Five years of imprisonment: Four jurors;

Seven years of imprisonment: One juror.

For this reason, the case is ordered through a participatory trial according to the defendant's wishes.

shall be ruled.

The judge's personal display

Judge Jeon Sung-sung

Judges Maximum Beneficiaries