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(영문) 대구지방법원 안동지원 2015.04.09 2015고합3
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2014, at around 21:30 on September 21, 2014, the Defendant drinked with the victim E (the age of 51) who was the mother of the Defendant in C, who was the mother of the Defendant in C, and performed drinking together with the Defendant’s fright at the house, and caused the victim to suffer from the victim’s death at the core and floor, and caused the victim to prevent the victim’s death at the same location as 23:20 square meters.

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 made to D or F;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. The range of recommended sentences according to the sentencing guidelines [decision of types of punishment] violent crimes, general injuries, and Type 3 (where the result of death has occurred) [Special Convict] victims are also responsible for the occurrence of crimes or the expansion of damage, non-exclusive areas of punishment [the range of recommended punishment], areas of special mitigation, areas of imprisonment with prison labor for not less than one year and not more than four years;

3. Determination of sentence: Imprisonment with prison labor for two years, the defendant, who has been sentenced to a suspended sentence of three years, inflicted an injury on the victim of a fluore under the influence of alcohol, thereby causing the death of the victim.

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