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(영문) 창원지방법원 통영지원 2017.01.17 2016고합76
상해치사
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with a habitive drinking habit and drinking drinking together with the victim C (V, 50 years of age) who is a neighboring person of the same kind.

On May 13, 2015, the Defendant: (a) around 11:00, at E (e.g., through a Tong-si, the Defendant: (b) had the victim drink and talk with the victim; (c) had the victim her own desire; (d) had the victim thrown her head to the head of the Defendant; and (d) had the victim boomed her head by her hand; and (d) had the victim go beyond the floor; and (e) had the victim take several steps, such as the victim’s entrance and exit, and caused the victim’s injury on the right side, the right side part, the divers part of the body part, etc.; and (e) caused the victim’s death on May 17, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Each police statement made to G, H and I;

1. A written diagnosis of death, report on the results of physical fitness at the scene of death, on the results of field identification, and a photograph of a dead person;

1. Each internal investigation report (as to the contents of treatment provided at the J hospital, as to the statement of workers at night at K Hospital);

1. A copy of each medical record certificate, a request for medical treatment at K Hospital, and a copy of an integrated record;

1. A reply letter to a request for appraisal, a letter of reply to the intention of the Korean Tribunal, a reply letter, and a reply;

1. Each investigation report (in relation to the situation, etc. at the time of dispatch to the site, attachment of C-victim photographs, etc. to third party investigation into the victim of the first hospital, and reference information as a result of the counter autopsy of the autopsy, hearing of a witness M, recording of a witness's statement, hearing of a witness H);

1. Application of Acts and subordinate statutes governing the place of reproduction photographs and emergency medical services activities;

1. Article 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. The scope of punishment recommended on the sentencing criteria [the types of decisions] shall be general.

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