(영문) 대전지방법원 천안지원 2019.02.20 2018고합222

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2019.02.20 2018고합222

상해치사

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

Around 15:00 on October 5, 2018, the Defendant was friendly with the victim B, etc. (the age of 44) who was aware of the family-friendly relationship of Defendant-friendly and living together with the region for at least 10 years and was living together with the region.

After that, at around 23:30 on the same day, the Defendant 23:30, when she walked near a hot spring 1496 hot spring station in Asan-si, Asan-si, a hot spring 1496, and when she again mathed with the victim, the Defendant caused the victim’s face by his/her hand on one occasion due to the fact that the victim did not properly take personnel management of the Defendant, and caused the victim’s face to go beyond the victim’s face, and the victim’s head, etc. left on the floor was frightly faced with the victim’s face. At around 05:10 on October 12, 2018, the Defendant caused the victim’s head, etc., who was used on the floor, without any two bodies open to the victim, and caused the victim’s death of the head of the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Partial statement of the witness F in the court;

1. The police statement concerning G;

1. 112 Reporting sheet and emergency medical service log;

1. Application of six Acts and subordinate statutes, including a medical certificate (B), a copy of a written opinion, a copy of a death certificate, a report on internal investigation (or a verbal opinion by the law officer of the autopsy), a report on the medical examination and treatment of an appraiser, and a written autopsy and appraisal report;

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 259 (1) of the relevant Criminal Act concerning the crime

1. The summary of the argument is only one time that the victim's her son.

The victim did not have good health condition, and the victim has lost balance between the drinking at the time of the instant case and the drinking itself.

The defendant could not have predicted the death of the victim because it exceeded the floor.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant may injure the victim and die.

참조조문

-형법 제259조 제1항

유사 판례

-서울남부지방법원 2019.03.15 2018고합587

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-대전지방법원 천안지원 2016.12.13 2016고단1003

-대전지방법원 천안지원 2015.12.10 2015고단1474