(영문) 수원지방법원 2015.11.06 2015고합497

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.11.06 2015고합497

상해치사

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is a person who is living together with the victim C(44 years of age).

On September 6, 2015, the Defendant, at around 23:40, performed drinking together with the victim in front of the E Park in Suwon-gu, Suwon-si, the Defendant: (a) brought a dispute to the “F” person who provides meals to the homeless; (b) brought the victim’s face at one time due to drinking, and (c) brought the victim’s head and clothes, and the chest was cut back to the head and clothes of the victim who opened on the floor.

As a result, the victim died from the blood transfusion from the front park around 06:50 on September 7, 2015.

Accordingly, the defendant injured the victim and caused the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. Report on a survey result of a deceased person;

1. A death diagnosis report;

1. Image photographs of CCTV, such as the scene of a change from a disaster, a photo of a dead body, and the scene of crime;

1. Written replys (written replys with State C and as a result of water appraisal);

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 13 and 16);

1. Grounds for sentencing under Article 259 (1) of the Criminal Act with respect to the relevant criminal facts;

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. Three to five years from imprisonment with prison labor for a period of up to three years, in which there is no range of recommendation [decision of types] according to the sentencing guidelines (decision of types of punishment), violence, general injury, or Type 3 (where the result of death has occurred) (the scope of recommendation].

3. Determination of sentence: In light of the fact that the Defendant, four years of imprisonment with prison labor, she was in a dispute with the victim while drinking with the victim, she was fluoring the victim, and she was fluoring with the victim, resulting in an injury to the victim, such as the head of the vehicle, she was fluoring the victim, resulting in the death of the victim, resulting in the death of the victim, and the Defendant neglected to take any particular measure after assaulting the victim and leaving the victim alone in the park, the Defendant

However, this case.

참조조문

-형법 제259조 제1항

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