2014 Gohap390 Injury, etc.

A

Emigration (prosecution) and Kim Jong-si (Trial)

Law Firm B, Attorney C, D

February 6, 2015

A defendant shall be punished by imprisonment for not less than four years and six months.

Each 10 wooden sculptures (Evidence Nos. 2 through 11), a tree fluorl (Evidence No. 12), a tree fluorl (Evidence No. 13), a tree fluorl (Evidence No. 13), a tree fluorl (Evidence No. 14), and a tree fluorl (Evidence No. 14) shall be confiscated.

Criminal facts

The defendant is the general director of the "F gymnasium in Gangdong-gu Seoul Metropolitan Government", and the victim G(25 years of age) is a patient with a mental retardation disorder in the third degree who has a mental retardation disorder with Taekwondo from the defendant at the time of elementary school and middle school.

On July 5, 2014, the Defendant consulted with the victim and his mother H, and began to resume Taekwondo guidance to correct the symptoms of the victim's magnetic disorder. From August 23 of the same year, the Defendant, with the permission of the above H, did not allow all interviews to the victim. From around August 23 of the same year, the Defendant continued to provide close guidance to improve the victim's magnetic disorder while working in a dormitory with the victim and the sports center.

The victim's magnetic disorder, without any special reason, leads to a sudden and repeated appearance of parts of his/her body, such as face, dog, shoulder, body, etc. that he/she is aware of, or she takes a bath to, such as a sudden and abnormal voice. The defendant thought that he/she may cause a mental disorder and wrong habits of the defendant by physical punishment, and he/she thought that the symptoms of the victim's magnetic disorder show symptoms or that the victim commits an act that does not do so, he/she would be punished by the victim.

The Defendant, around September 14, 2014, 10 times around 2014, on the ground that the victim, who was shot in the above gym toilet, was shot at 10 times in his hand, was scleeped and scleeped on the floor of the gymnasium, and sclicked about 10 times in length with each of the dangerous things (123cm in length, 2.6 x 4.2 cm in length) and the wooden bars (172 cm in diameter, 2.5 cm in diameter, 122 cm in diameter, 2.3 cm in diameter, etc.).

피고인은 같은 해 9. 24. 오전 무렵 위 체육관에서 피해자가 밥풀을 튀기며 시끄럽게 식사를 하자 식사를 중단시키고 차렷 자세로 서 있도록 지시하였으나, 서 있는 과정에서도 계속 시끄럽게 하였다는 이유로 피해자에게 달려가 점프하여 옆차기로 피해자의 옆구리를 1회 걷어찼다.

The Defendant, as of October 1 to October 6, 10 of the same year, on the ground that the victim sprinked and sprinked the sound without being locked, he left the victim’s 10 sprinket to the floor of the sports hall and laid the victim’s sprinks up to about 10 times with the victim’s spacks, bucks, bucks, spacks, etc. over about 10 times with the above item, tree spacks, etc.

The Defendant, around October 17, 190 of the same year, she was able to catch and rheep the front string of the sports center office, on the ground that the victim, who was frightd in the above sports center toilets around the 2000 A.M., was able to get off the body of the victim, such as the victim's muck, bucks and bucks, etc. over about 10 times.

around 10,21:00 a.m. of the same year, the Defendant: (a) 10,21:00 p.m. of the victim, who was cleaned by the direction of the Defendant at the above gymnasium, and (b) 10:0 p.m. of the victim’s her mbbbbbbbbs, etc., which

From October 14 to October 21 of the same year, the Defendant, on the ground that the victim took a bath in the warehouse located in the above sports center on the day from October 14 to October 21 of the same year, on the ground that the victim took a bath without locked, he was able to set down his body, such as the victim’s muck, bucks, bucks, and sucks, up to about 10 times with the victim’s macks, bucks, bucks, etc.

At around 23:00 on October 21, 21 of the same year, the Defendant took 10 times the face of the victim by hand on the ground that the victim took a bath before the warehouse in the above gymnasiums.

In addition, the Defendant continued to rescue the body body of the victim due to each item, tree fel, etc. during the above dormitory period, and continuously led the victim to the blood transfusion from head, chest, sus, sus, fry, tur, arms, legs, etc., fry fry fry fry fry fry fry fry fry fry fry fry fry fry fry, fry fry, turt, fry fry, bat, and bat, etc., and the victim died of the victim due to the dysm fry damage and its combined infection. Accordingly, the Defendant injured the victim’s body and caused the death of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H, and part of the witness I's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Report on the occurrence of a disaster, physical list (local police, criminal, scientific investigation), results of autopsy, post-mortem examination, autopsy report, postmortem report, autopsy report, investigation report (the confirmation of the victim's form that he/she had been healthy prior to the commencement of lodging), investigation report (A) (the confirmation of the drug purchased at the J pharmacy at his/her own instruction), autopsy report, investigation report (related to the confirmation of the drug purchased by K), victim's photo;

1. Application of the existing Acts and subordinate statutes of 10 wooden sculptures (Evidence 2 through 11), one tree wing (Evidence 12), one yellow (Evidence 13), one tree wing (Evidence 13), one tree wing (Evidence 14);

1. Article applicable to criminal facts;

Article 259(1) of the Criminal Act

1. Confiscation;

Judgment on the assertion of the defendant and defense counsel under Article 48(1)1 of the Criminal Act

1. The assertion;

Although the defendant recognizes the fact that the victim was injured, there was no possibility for the victim to have caused the death at the time of the injury.

2. Determination

The crime of death or injury requires causation between the result of injury and death as a result of an aggravated crime, i.e., the predictability of the result of death. Whether such predictability exists should be strictly examined by examining specific circumstances, such as the degree of assault and response of the victim (see, e.g., Supreme Court Decision 2010Do2680, May 27, 2010). The following circumstances acknowledged by the evidence duly adopted and investigated by the court: ① as a result of autopsy, the victim’s face, head, chest, chest, brut, tamp, arms, legs, and bridge, etc., showed a large number of times of the victim’s death, and the victim appears to have been frighted out and frighted, and the victim appeared to have been 4 times of death and fright, and the victim’s body was 8 times of death and fright, and it appears that the victim was 3 times of the victim’s death and fright’s body was 5 times of death.

Reasons for sentencing

1. Application of the sentencing criteria;

[Scope of Recommendation] General Inflicting Type 3 (Case of Death) Basic Area (3 years and 5 years)

2. In the case where a sentence sentence is rendered, considering the following: (a) the Defendant’s act was committed by assaulting the victim for a long time under the pretext of punishment for correcting the victim’s act and for improving shot disorder, causing death to the victim; (b) the victim’s act resulted in a serious consequence that makes it difficult for the bereaved family members to recover through life; and (c) the victim’s bereaved family members were faced with the victim’s severe punishment, it is inevitable to punish the victim with severe penalty equivalent to the Defendant’s liability.

However, in light of the following factors: (a) the Defendant first left the victim's save in a well-known motive to improve symptoms through a sports or camp with a view to the victim, and did not receive any particular consideration therefor; (b) the Defendant inflicted a bodily punishment in excess of the victim; (c) however, the Defendant appears to have been the cause of death even if the Defendant was unable to receive appropriate management after departure from the Republic of Korea on October 23, 2014; and (d) the Defendant was not subject to a fine once; and (e) there was no previous conviction, and there is a violation of the Defendant's erroneous recognition of injury; and (e) other sentencing conditions, such as the Defendant's age, character and conduct, background of the crime, circumstances after the crime, etc., are comprehensively considered.

The presiding judge and the subordinate judge

Judges Royle

Judges fixed-age