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(영문) 청주지방법원 2013.05.30 2013고합59
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

At around 18:00 on April 9, 2013, the Defendant: (a) had the victim D (the 73 years of age) who was faced by the Defendant at the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) had the victim’s head and face part of the victim’s head and face part, which was taken from the Defendant’s home, to several times, and had the victim take part of his head and face part, which was taken on the same ground, from April 10, 2013 to 08:0 on the one hand, and caused the victim’s death from the two sides of the said Defendant’s house at around 08:0 on the same day to 12:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police interrogation protocol against the accused;

1. A written autopsy report and a written autopsy and appraisal report;

1. The report on the results of inspection of changed persons and the application of Acts and subordinate statutes of each investigation report;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the following favorable circumstances, etc.):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of punishment by sentence: Imprisonment for not less than three years but not more than 50 years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types of punishment] violence, general injury, and death [special persons who have been sentenced to punishment] - The factors of mitigation: Victims who are vulnerable to the crime (general person who has been sentenced to punishment] - The factors of mitigation: The victim who is vulnerable to the crime [the scope of the recommended sentence] - There is no record of criminal punishment [the scope of the recommended sentence] - The main reasons for suspension of execution] - The victim who is vulnerable to the crime (unlawful), there is no record of criminal punishment (esteem), the reason for suspension of punishment (esteem): The victim who is vulnerable to the crime, there is no record of criminal punishment (esteem): The reason for suspension of execution of sentence or more; the defendant has no record of criminal records of punishment or more; the elderly, the defendant's health status is very good;

3. Determination of sentence: The instant crime is committed.

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