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(영문) 인천지방법원 2018.02.22 2017고합583
폭행치사
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to dementia.

On November 22, 2016, the Defendant, at around 01:37, 2016, entered the victim E (man, 80 years of age) into the Defendant’s beds with one another between the Defendant and the Defendant. For this reason, the Defendant got the victim’s chest into the Defendant’s beds, and caused the victim to have the head on the lower wall of the window, and caused the victim to have the head on the back of the window.

On November 24, 2016, at around 17:09, G hospitals located in Seo-gu Incheon, Seo-gu, Incheon died with severe cerebral cerebralop.

Ultimately, the Defendant assaulted the victim and caused his death.

Summary of Evidence

1. Each police statement made to H, I, and J;

1. A copy of a death diagnosis report, a report on the results of field identification, a photograph of a changed person, a criminal investigation report (in response to a reply to the results of autopsy by the National Scientific Investigation Institute), and a response to each request for appraisal;

1. A copy of each medical record, a certificate of issuance of medical records, etc., and an investigation report (a copy of the fixed statement of long-term recuperation of the suspect);

1. The application of Acts and subordinate statutes to the report on the occurrence of a change of a disaster (112 No. 1701), the notification of the department related to the report of the case in question, the notification of the report of the case in question, the body list at the scene of a change of a disaster, the report of internal investigation (in the field), the report of internal investigation (in the case of securing and analyzing the CCTV images of the DNA Care Center), the photograph, internal investigation report (in the case of a person related to the DNA Care Center), the report of internal investigation (in the case of a person related to the other party of the DNA Care Center), the comparison between the CCTV screen and the photographs of the actual place;

1. Articles 262, 260 (1), and 259 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 10(2) and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness [the defendant is a class 4 of long-term medical care grade (the defendant needs another person's assistance in a certain part due to a disorder in his/her function and condition, and the recognition points of long-term medical care are at least 51 but less than 60 points).

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