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(영문) 대전지방법원 2012.12.06 2012고합598
유기치사
Text

Defendants shall be punished by imprisonment for two years.

except that the execution of each of the above penalties shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 9, 2012, the Defendants were parents of victims D (the age of 23) suffering from mental illness, such as tidal depression, and began to move the victim to Defendant B, the mother of the victim, and to the Daejeon Seo-gu Ecom Association, Daejeon, and the victim, and began to move to the victim in the above church as the victim.

At around 07:00 on May 14, 2012, the Defendants continued to combine the victim’s hand and her body with his pressure by putting the victim’s hand and her body up to 22:00 of the same month from around 07 to around 16:00 by putting the victim’s body without participating in it, and eventually, the victim was in a situation to the extent that it is impossible for the victim to hold his body because he did not have his body any food.

In such a case, the Defendants had a duty to verify the victim’s condition without delay and take necessary minimum measures, such as providing food, and to provide assistance to medical institutions for medical treatment.

Nevertheless, the Defendants did not take any measure, left the victim as it is, and only left the victim as it is, in the distribution of worship, caused the victim to die at the room located in the above church around 17:30 of the same month.

As a result, the Defendants conspired to abandon the victim who needs assistance and caused the death.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Investigation report (to hear by phone call from a autopsy);

1. Requests for appraisal;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to photographs of legal history;

1. Article 275 (1) (latter part) and Article 271 (1) of the Criminal Act concerning the facts constituting an offense;

1. Discretionary mitigation shall be each Criminal Act;

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