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(영문) 서울서부지방법원 2014.01.06 2013고합361
상해치사
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 18, 2013, at around 03:00, the Defendant, along with D, who was fluently friendly with D on October 18, 2013, went through drinking, and fluencing and mixedly living in E, and the victim G (53 years of age) who was benefiting from drinking in the same flucing line, she was able to get out of the floor by reporting that the victim G (53 years of age) who was benefiting from drinking in the same flucing line is coming into a female toilet. However, the Defendant was required to hear the victim’s desire, she got out of the toilet by pushing the body of the victim who was flucing out of the toilet.

D The victim, who sees the inside of a church, reported that he was assaulted by the victim, proposed that the victim be saluted together with the victim, and the victim respondeded to this, the defendant, D, and the victim got saluted from the alleyway near the Eunpyeong-gu Seoul Metropolitan Government H on the same day at around 03:50 on the same day.

While the Defendant divided the above stories, on the ground that the Defendant had talked about the Defendant’s mother who was well aware of the victim, such as “the victim’s body is good,” etc., he cut over the victim’s chest and shoulder part, and walked over several times the victim’s clothes and chest parts, etc., and led the victim to a brupt of the victim’s clothes and chest parts.

At around 06:35 of the same day, the Defendant caused the death of the victim who was sent to the emergency room of the J Hospital in Eunpyeong-gu Seoul Metropolitan Government I and was under medical treatment due to the damage of chest uniforms.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each investigation report (in relation to attachment of photographs of a site and body body, attachment of mobile CCTV images, and attachment of photographs of diopis);

1. A letter of autopsy and appraisal;

1. Sentencing Article 259 (1) of the Criminal Act for facts constituting an offense subject to the Acts and subordinate statutes governing emergency medical services and reporting case handling table;

1. Determination of types of recommendations according to the sentencing criteria;

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