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(영문) 광주지방법원 목포지원 2019.10.15 2019고단672
과실치사
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (here, C) and female.

At around 08:10 on September 13, 2018, the Defendant got the victim to sleep in the same beds with the victim on the left side of the victim's port.

The victim was a baby with 100 days after the birth of the victim, and the person diving in the same beds with the victim, due to the move of the defendant, there was a risk that the body part of the defendant could enjoy the victim and cover the victim with the possibility that the victim could not easily conceal the victim. Therefore, the defendant had a duty of care to check the victim's body condition so that the victim's body part may not be easily breadable due to separation of space or checking the state of the victim from time to time.

Nevertheless, the Defendant got out of the same bed by the victim in the same bed against the victim, and caused the victim's death by negligence that did not live well, due to the victim's body or transfer, and caused the victim to die at around 11:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A death certificate;

1. Application of Acts and subordinate statutes to written autopsy and appraisal;

1. Relevant Article of the Criminal Act and Article 267 of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to two years of a credit cooperative;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the range of the punishment against death or injury caused by negligence [Type 1] and no person causing death or injury by negligence [the scope of the recommended area and the punishment against special punishment] [the scope of the recommended area and the punishment against punishment], six months through

3. Determination of sentence: Six months of imprisonment without prison labor and one year of suspended execution;

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