2012 Gohap299 Injury, etc.

South ○ (83 - 1)

Gangseo-gu Seoul Metropolitan Government

Ansan-si in the original place of registration

Class Kim Jong-ho (Lawsuits) and Kim Jong-chul (Trial)

Law Firm Jeong-jin

Attorney Credit Card in charge

October 11, 2012

A defendant shall be punished by imprisonment for five years.

Facts of crime

The Defendant, who was aware of the Defendant’s introduction of a middle school ○○, and a victim’s introduction, ○○, and ○○○.

It is between friendly Gus.

On May 5, 2012, the Defendant: around 47, at the ○○○○○○○ located in Gangseo-gu Seoul Metropolitan Government, the victim.

In the course of drinking together with Gangnam○, ○○ and ○○○, etc., a couple between the parties who has recently been a defendant

When it is pointed out that the victim's face is unfolded three times due to the fact that the victim's face is unfolded.

The head of the victim's hair and dubage with dubling hand shall be bottomed by dubling the head of the victim's hair and dubage.

A person who gets a blood transfusion and thereby 00/30 of the same day: around 51, he/she shall have the victim lose his/her consciousness, and place it therein.

On the same day: around 04, 18 of the same day, ○ Hospital located in Yangcheon-gu Seoul Metropolitan Government ○○.

It caused the death of cerebral livers due to the cerebral lebane low-lebladrosis.

Summary of Evidence

1. Entry of the defendant in part of the first trial records;

1. Legal statement of ○○○○ before the witness;

1. An interrogation protocol of each police officer on ○○ and ○○○;

1. Statement to the police officer of ○○;

1. A report on investigation (Attachment of CCTV data), a report on investigation (related to emergency medical services conducted in 119), and a report on investigation (related to ○○ Disease);

On-the-counter investigation, such as ○○○, etc.

1. A death certificate and a written opinion;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 259(1) of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The defendant and his defense counsel shall give the victim's face at least three times by drinking, and shall not take the victim's hand.

Although there is a trace of breath's hair and breath's hair, the assault of the defendant and the death of the victim

In addition, there is no causal relationship, and the defendant is the victim's death at the time of assault.

Since it was not possible to anticipate B, it has changed to the purport that the Defendant cannot be held liable for the crime of injury or death.

such action.

2. Determination

A. Facts of recognition

According to the evidence duly adopted and examined by this Court, the following facts are recognized:

(2).

(1) The health condition of the victim prior to the instant accident

The injured party shall, for a period of about 10 years prior to the accident of this case, have been infected with chronitis, infected with chronchis.

The results of medical treatment for diseases, such as salt, sacrine transfusion, water sacrine, heavy sacrine, sacrine, sacrine, sacrine, etc.

B. They are brain-related diseases, or perpetuosiss, high blood pressure, etc. which are the cause of blood transfusions under the self-exploitation;

shall not have received any fee.

(2) The Defendant’s assault against the victim and the death of the victim

(A) The Defendant had a dispute with the victim while drinking with the victim, etc. at the above main point.

was made. 1)

(B) The defendant and the victim have expressed their desire to each other, resulting in the defendant's own location.

Although the victim was soned by the victim, the defendant was sitting because the victim was not the victim.

After I am the speaker, I re-be the victim.

(C) However, at this time, the victim did not board the victim with her seated, and the defendant did not board the victim.

00 on the same day: 47 Sheet the face of the victim who was seated in a brick fluor, three times boomed by drinking;

On the port hand, the victim was pushed up to be pushed up. 2)

(D) Following the Defendant: (a) attach the victim’s hair, balp, etc.; (b) attach the victim’s hair, balp, etc.; and (c) force the victim

In addition, he was shaking. 3)

(E) Accordingly, ○○, etc., who is the main point above, prevented the Defendant, and the Defendant softened his hand.

The victim has been placed at sea, and the victim has lost its center after the lapse of 10 seconds.

(1) A vessel of this case (hereinafter referred to as the “BE”) has been able to sit in and near the above main points.

(f) The victim is unable to take place without being her seat and after the lapse of 3 minutes in a non-slided distance.

on the same day by the defendant, etc., who was taken up to a right angle, 5) the victim at the right angle of 19:19

Until Is Ison, he was unable to get up with a spirit without getting up until Is on. 6)

(f) After that, the victim was unable to recover his consciousness, and 7) 01: Repulmonary and hearts before around 31:

8) The recovery of cardiopulmonary resuscitation, even though he/she was sent to ○○ Hospital and received cardiopulmonary resuscitation;

on the same day with no recovery of consciousness 18: due to the cerebral low-flapsying of the brain at around 04

A. 9)

B. Determination

The above facts of recognition and the evidence duly adopted and examined by this court

the following circumstances, i.e., (i) the victim’s prior to the assault of the Defendant

(2) The victim immediately before the Defendant was assaulted by the Defendant

The defendant did not seem to have any special signs, such as drinking excessive alcohol and dialogue. <3>

The victim seems to have inflicted violence to a significantly strong extent; 4. The victim shall sit on the chair.

During the period of violence, a victim has been subject to violence from his own criminal defendant, and 5 immediately after the victim has been subject to such violence.

One-hour period after the victim of violence, has passed since he/she lost his/her center, her mind after he/she was laid down.

The Repulmonary and heart stop; 6. The victim has been sent to the hospital after the death.

7. Suspension of fighting and the use of the victim

on May 5, 2012: around 48, 2012 8.00

In addition to the Defendant's assault, the victim has suffered external ability that may cause a prop-to-bedying blood.

9 There is no history that the victim received treatment in connection with the past brain disease;

The type, etc. of culphosome, high blood pressure, brain tissue, or cerebrovascular, which is the cause of self-exploitation of pulpha;

It is recognized that there were concurrent causes for death, such as having military register factors, etc.

(11) 1) The victim was a special transfer or damage, even if it is difficult to find objective data.

Even if there was a disease against a person, the assault by the defendant against the result of the death

to the extent that there is no causal relationship between the defendant's assault and the victim's death; 1

Prices for a face and chest of a person may seriously interfere with the physical function (Supreme Court)

In cases where the face of a person is examined (see, e.g., Supreme Court Decision 84Do2183, Dec. 11, 1984); damage is incurred if the face of the person is examined.

It would normally be predicted by the general public that the death may be caused by damage to his head.

In full view of the fact that the victim was frequently injured the victim immediately after the instant case.

Hashed that he/she failed to observe the two strokes, two strokes, external strokes, etc.;

Do, damage incurred by the defendant in the course of decipating the victim's face, spaging head, spath, bat, etc.

A victim may be presumed to have caused cerebral blood with shock of her head, and the victim may be found to have caused cerebral blood.

It is reasonable to see that there was a possibility to anticipate the result of the death.

Reasons for sentencing

The crime of this case results in the defendant's serious result of causing death by assaulting the victim of sexual intercourse.

As a result, the nature of the crime is very heavy, and in particular, the victim is a young young age of 28 years of age.

(2) The number of family members who have been killed and who have been unable to bring about the mental shock of their bereaved family members.

Notwithstanding the extent that the defendant did not reach an agreement with the bereaved family members of the victim, and for the recovery of damage.

Any measure is not taken, and the defendant immediately provides relief to the victim who has lost his awareness.

Considering the circumstances such as the neglect of 40 minutes without taking care of the body and neglecting of 40 minutes as it is, the defendant

For severe punishment, it is inevitable to punish.

However, if the defendant takes a drinking with the victim, he/she shall be subject to contingent action for the crime of this case.

르게 된 점 , 피고인이 가족을 부양하여야 하는 가장으로서 피고인의 처 김ㅇㅇ이 임신

Considering the fact in progress, etc. in favorable circumstances to the defendant, and the motive and number of other crimes of this case

However, as a result, the circumstances after the crime, the age of the Defendants, character and conduct, family environment, etc. are shown in this case.

The sentence shall be determined in the same way as the order is comprehensively taken into account the half sentencing conditions.

Justices Kim Young-young

Judges Seo-won

Judges Choi Jae-young

1) Evidence records 27 pages (police statement, etc. against ○○)

2) The Defendant ○○○○ who dices alcohol together with the Defendant, was completely imprisoned by the Defendant following the Defendant’s drinking.

Defendant made a statement to the effect that he was forced to fluently fluently fluently fluently fluently fluence [Evidence 118 pages of Evidence]

Second Police Examination Examination of Suspect) Evidence No. 154, Evidence No. 154 (Second Police Examination of Police Examination of Prosecutor ○, etc.)

[2] From 3 to 8 minutes from 3 minutes from 3 minutes from 3 minutes from 3 minutes from 3 minutes from among CCTV recording data in 00:44 p.m.

From the beginning, recognition of the fact that the defendant unfolded the victim by drinking, so long as it is difficult for the defendant to do so, and then unfolded the victim by left hand.

on May 5, 2012: 47: 45 to 00 on the same day: 47: 47: 50 on the same day.

3) Of the CCTV recording data in the ○○ Sazin’s main point attached to 161 pages of evidence records, 2 Kamerra 2 Kamerra 00.44 mb.

From the beginning of the file No. 14 up to the end of 3 minutes 14 to the end, '2 Kamerra 00,47' up to 33 seconds and '3 Kamerra' out of the 3 Kamerra.

100.44 minutes from the beginning to the end of the file 3 minutes from 14.3 p.m. to the end of the 100.47 p.m., the Defendant’s victim

Recognizing the fact that the head, bale, etc. can be catched and strong, and the CCTV time shall be May 5, 2012: 47: 50 to 50

00: 48: up to 30.

4) Of the CCTV recording data in the ○○○ Sazin’s main point attached to 161 pages, “3 00.47 - 3 - 00.47 - 33 - out of the three Kamerzin data.

From to 43 seconds, the victim, who was flabed by the ○○○, who was a grandchild, was not in the middle and centered by the Defendant.

On May 5, 2012, 201: CCTV, 48: 31 to 48: 41 on the same day.

5) Of the CCTV recording data in the ○○○ Sazin’s main point attached to 161 pages, “3 00.47 - [3] file 43 - [3] - [3] - [3] - [3] -] --

From the end to the end, 3 minutes 00:51 minutes from the beginning of the file to the end of 25 seconds, the victim scamed and scamed and scamed after the scam.

Recognizing the fact that they are cut down to the right right, and the time on CCTV shall be May 5, 2012: 48: 41 to 41.

00 days: 51 up to 45 days.

6) Of the CCTV recording data in the ○○○ Sazin’s main point attached to 161 pages, c 3 00.51 x 00.0 x 3 00 x 00 x 00 x 3.

54 minutes, "3 00.58 minutes", "3 01.01 minutes", "3 01.04 minutes", "3 01.08 minutes", "3 01.11 minutes", "3 01.14 minutes", "3 01.14 minutes" and "3 01 minutes".

18 minutes in the case of Si 18 minutes, after the victim was written, the victim was discussed and then increased until the defendant et al. started his business.

Recognizing the fact that he was unable to set the mind and that he was causing a light, and the time on CCTV is the time of CCTV.

May 5, 2012: 51: 45 to 01: 19:32 on the same day.

7) The Defendant stated that there was no victim's friend until the 119 emergency squad was set off on the same day: 01: 31: 347 of the evidence record.

The second protocol of interrogation of a suspect against the deceased (the second protocol of interrogation of a suspect to the prosecution).

8 ) 피해자의 처 김○○의 신고를 받고 출동한 OO소방서 ㅇㅇ 구급대 안전센터 소방사 정○○가 작성한 구급활동일

According to the survey, ○○○ on the same day 01: 31 days, as a result of examining the victim, there was no consciousness due to the suspension of the victim’s respiratory and heart.

1.3 203 pages of evidence (in relation to investigation reports (in relation to 119 emergency medical services)) 1.

9) The victim had already been in a state of brain death when transmitted to an O hospital. [Evidence Records 223, 224 pages (Investigation Report)

(Other than OOOO, etc.) and evidence records (written opinion).

[10] Evidence records 284 pages (Written Opinions)

11) After the victim was admitted to an emergency room, the physician ○○ who is in charge of diagnosis and treatment of the victim shall be the brain tissue or brain cerebral cerebral ties of the victim.

The sentence was not visible [Evidence 285, 286 pages (Written Opinion)].

12) In the absence of the victim's wife Kim○, the victim could not have been sent to the hospital.