(영문) 수원지방법원 평택지원 2018.07.09 2018고합21

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2018.07.09 2018고합21

상해치사

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On January 27, 2018, the Defendant: (a) at the E main point in Pyeongtaek-si D around 21:11, and (b) at the E main point in Pyeongtaek-si D as a matter of how to work with the F (43) victim F (3), the Defendant brought a dispute with the victim, who is a dangerous object on the table table, brought the victim into the front part of the victim, and brought the victim into the front part of the body of the victim into the front part of the body of the victim. (b) On the other hand, the Defendant continued to take the body of the victim out of the part of the restaurant business owner, and went out of the part of the victim's ship, and then went out of the part of the victim's ship, etc., and then went out of the part of the victim's ship.

On January 31, 2018, the victim caused unknown consciousness and died due to cerebral math, etc. while receiving treatment at the H hospital located in Pyeongtaek-si G on January 31, 2018.

Ultimately, the defendant injured the victim and caused his death.

Summary of Evidence

1. Statement by the defendant in court;

1. Field photographs, etc.;

1. Statement made to I by the police;

1. A photograph of a closure;

1. CCTV data CDs;

1. On-site map;

1. A death certificate;

1. Application of Acts and subordinate statutes to prosecution and transmission (all of the document with respect to the change of the F)

1. Grounds for sentencing under Article 259 (1) of the Criminal Act with respect to the facts constituting an offense;

1. Imprisonment with prison labor for a period of not less than three years but not more than thirty years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury (the case where the result of death has occurred) and the basic area (three to five years) (the person who is subject to special sentencing] of the recommended punishment.

3. Determination of sentence: Imprisonment with prison labor for five years, the Defendant abused the victim’s head due to his/her illness while having a friendly dispute with the victim, etc., which led to the result that the victim’s death cannot be complied with.

The Defendant asserted that there was a fighting between the victim and the victim, and that the Defendant should take into account the circumstances of the victim's assault several times, but the Defendant prices the victim's head in the state of influence as the main soldier, and this is the cause of the fighting.

참조조문

-형법 제259조 제1항

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