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(영문) 수원지방법원여주지원 2020.09.10 2020고합66
상해치사
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is between the victim B (ma, 25 years of age) and the siblings.

At around 02:20 on August 2, 2020, the Defendant has been suffering from a dispute with the victim in the state that the Defendant was unable to discern or make a decision on the drunk matter in the case of an elevator of a building C, which is around 02:20.

At least six times of drinking in the 8th floor, the victim's face was frightened, kneee, the victim's face was knee, the victim's face was knee, the victim's face was frightened once a drinking, and the victim's face was frightened four times of drinking.

Accordingly, the Defendant caused the death of the victim who was receiving medical treatment at the E Hospital located in the original city D at around 18:33 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the police officer G concerning the F;

1. A report on the results of a death diagnosis, a report on the change in body, and a report on the results of a change in body;

1. Application of Acts and subordinate statutes to photographs, such as site, and CCTV photographs;

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

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Where the result of death occurs (type 3) from a general injury to violent crimes according to the sentencing guidelines (type 3): Reduction elements of a person with a mental disability, non-permanent disability (area of recommendation and the scope of recommendation): the area of special mitigation, one year to four years [the scope of recommendation changed according to a sentencing guidelines] imprisonment with labor for a year and six months through four years (the minimum limit of punishment recommended in the sentencing guidelines is inconsistent with the minimum limit of the applicable sentencing in law, and thus the minimum limit of the applicable sentencing in law is applicable).

3. Determination of sentence: Imprisonment with prison labor for the following two years, the punishment shall be determined as the order, taking into consideration all the circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime;

The degree of assault against the victim who is a birth victim is the degree.

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