(영문) 창원지방법원 통영지원 2015.12.24 2015고합69

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(영문) 창원지방법원 통영지원 2015.12.24 2015고합69

상해치사

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 02:00 on September 13, 2015, the Defendant told the victim D (the South and the age of 56) to see her “dward” in front of the C Apartment 203 dong and 204 dong C Apartment 204, and she was forced the victim’s face and head from the cement floor to her head by leaving the floor to her for drinking by drinking the victim, and then going beyond the floor to her to her to her head, and coming to her head from the cement floor to her head.

Defendant continued to cause the victim, and thereafter, the victim was able to see him only once, and the victim was frightened to the defendant, and the victim was frightened to the face of the victim by drinking, and the defendant was frightened by drinking the victim's hair, face, and double, resulting in the victim's death.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. The application of Acts and subordinate statutes to correspondence documents (written replys to the results of the autopsy appraisal, written appraisal of the results thereof);

1. Article 259 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for one year and six months; - 15 years;

2. The range of recommendations on the sentencing guidelines / [the range of recommendations] / [the range of types of violent crimes, general injuries, and Type 3 (where the result of death has occurred) (the person subject to special mitigation] mitigated area of punishment [the recommended area] mitigated area: 2 years of imprisonment and 4 years;

3. Where the result of the death of a member who is not subject to punishment [major grounds for suspension of execution] occurs;

4. The case was committed by assaulting the victim and causing the death on the ground that the victim who was satisfing home while the defendant satisfing her drinking while returning home in a somewhat somewhat under the influence of drinking in one year and six months of imprisonment with prison labor.

According to the witness, the victim had been more than 13 people, and according to the witness, the victim has a lot of age as he did.

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

-형법 제259조 제1항

유사 판례

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