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(영문) 서울북부지방법원 2017.06.23 2017고합93
존속상해치사
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is a victim C (V, 88 years of age).

Around March 21, 2017, the Defendant attempted to talk with the victim who was suffering from damage under Article 102 (1) and 1305 of the Jung-gu Seoul, Jung-gu, Seoul, Da apartment house 102 and 1305, on the part of the Defendant for whom he was dissatisfied with the majority of the real estate purchase price, and went home to a ward so that he was unable to answer it. However, on the ground that the victim did not give any answer, the Defendant tried to talk with the victim that he she could blick her left at one time on the left side of the victim's hand. On the other hand, the Defendant continued to blick the victim's right at one time on the right side of the victim, and caused the victim to suffer injuries, such as the right side, the left side and the side side side of the Non- River, and the blood transfusion, which caused the victim's death within Seoul Special Metropolitan City on March 15, 2017.

Accordingly, the defendant injured his lineal ascendant victim and caused his death.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on results of field identification, results of autopsy, corpse inspection, first-aid services, certificates of medical records, replys to requests for appraisal, and written appraisal of autopsy;

1. Each investigation report (to attach a detailed statement processing the case to 112 report, to attach screen pictures containing the defendant's statement made by the police officer of the first dispatch, to listen to the statements by telephone, to the statements by telephone, to listen to the statements by telephone, and to listen to the statements by fire 119 fire fighters in new age);

1. Application of Acts and subordinate statutes to report internal accidents (verification of CCTV images on the site of the relevant case);

1. Article 259 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and Articles 259 (2) and (1) of the Criminal Act that choose a penalty (elective imprisonment with labor);

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

1. The scope of punishment by sentence: Imprisonment for not less than two years and six months - 15 years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of determination] shall be the three types of general injury to violent crimes.

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