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(영문) 전주지방법원 2013.03.28 2012고합355
상해치사
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From March 2012, the Defendant had been employed as a worker for day duty in the company of the following city from March 2012 as a ship of Chinese nationality.

At around 16:00 on October 22, 2012, the Defendant: (a) 16:00, the Defendant was divingd in a container 3 room of an employee lodging in the company above C; (b) the victim D (53 years of age) who is an employee at the same site was found under the influence of alcohol, and she was able to look at the head of the Defendant’s breath, and “Ie, sphere, sphere, sphere, sphere, so much,” and she sphere with the victim, she sphere, sphere, sphere, sphere, and sphere, sphere, sphere, sphere, and sphere, sphere the victim’s face from the container entrance to the victim’s face; and (c) the victim was faced with the outer wall of the container by the victim.

On October 26, 2012, the Defendant caused the victim to die by blood transfusion during treatment at the emergency department of the E Hospital in the Yasan-si, Yasan-si around 12:38.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of witness F in the second protocol of the trial;

1. Application of Acts and subordinate statutes to a written opinion and a written explanation of prosecution;

1. Article 259 (1) of the Criminal Act applicable to the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the accused among the reasons for sentencing below);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that has been repeatedly taken into consideration the conditions favorable to the defendant)

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommendations on the sentencing criteria [decision of types] shall be limited to violent crime group, and type 3 (where the result of death has occurred) among general injuries (special persons).

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