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(영문) 대구지방법원 2013.11.29 2013고합482
상해치사
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On July 20, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. in the Western District Court Branch of the Daegu District Court on July 20, 2012 and completed the execution of the sentence on January 13, 2013

On October 8, 2013, at around 22:05, the Defendant reported that C, who was aware of 302-155, drinked with the victim D(63 years of age) and was drinking alcohol in a large square, following the large area of 302-155, the Defendant: (a) brought the victim’s face and side gate part of the victim’s shoulder at a time; and (b) caused the victim to have the thale thale to the victim, on the ground that C, who was drinking with the victim, said C, “I am in a flue and fluor,” said C, “I am in a drinking room, I am in the back of the victim’s head,” and caused the victim to have the thale to the victim.

In this respect, the Defendant, around 00:59 on October 9, 2013, caused the death of a victim who was receiving medical treatment in an emergency room of the E hospital due to external wounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. On-site reports on results of field identification and reports on findings of survey of change-dead persons;

1. Each investigation report (Attachment of a death diagnosis report and a autopsy appraisal report);

1. Previous records: Criminal records, etc. inquiry reports, written judgments, and application of Acts and subordinate statutes to criminal records, etc. (Attachment to search results of prisoners);

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

1. Reasons for sentencing of the proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Three years to fifty years from the imprisonment with prison labor for a prison labor within the scope of punishment by law; and

2. Basic area of recommendation [the range of punishment [the range of punishment determined] according to the sentencing guidelines and where there occurs no result of death [the scope of recommendation] caused by violence (the person who is a special person] [the scope of recommendation]: Imprisonment for three or five years (the general person who is a person in prison): The factors of mitigation of punishment: The serious reflective aggravated factors: The department of the same punishment which does not constitute a repeated crime or a repeated crime (the period of less than ten years after the completion of execution).

3. Determination of sentence: Four years of imprisonment;

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