(영문) 대전지방법원 천안지원 2014.08.27 2014고합108

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(영문) 대전지방법원 천안지원 2014.08.27 2014고합108

상해치사

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On June 4, 2014, at around 22:22, the Defendant: (a) was under the influence of alcohol on the roads in front of the 23-lane 5-gil of the Seongbuk-gu Seongbuk-gu, Y5, the Defendant: (b) brought the victim E (the age of 36) who was under the influence of alcohol while temporarily stopping the DSM5, out of the lower part of the vehicle; (c) opened the back of the vehicle and walked the victim’s chest by hand; (d) opened the victim’s body so as to walk up the victim’s body; (e) opened the victim’s body and walked the victim’s face and body, leading the victim to the death of the brain site down at the 3,000 foot-gu, 13:10 on June 5, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the judicial police assistant to F;

1. A copy of the statement prepared by the judicial police assistant in relation to G (Evidence records No. 95 through 102 pages);

1. One copy of the report on the inspection of the occurrence of the case, report on internal investigation, the scene photograph taken by the police officer of the dispatch, report on investigation (investigation of investigation into the vicinity of the site), photographs taken along a witness's distance and the location of the field CCTV, report on investigation (in preparation of a shot light record), replies to the commission, report on investigation (in response to the request), report on investigation (in response to the preparation of a shot light record), report on actual conditions of investigation (in confirmation of the details of report received), and report on

1. Application of Acts and subordinate statutes, such as a written autopsy (E), a report on an investigation (the autopsy of a victim), photographs (the pages of evidence No. 111 to 118), and a written autopsy and appraisal;

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.The application of the sentencing guidelines [determination of types] violent crimes, general injuries, and death (type 3): None of the occurrence (type 3): mitigated factors where the victim also has considerable responsibility for the occurrence of a crime: the victim who is vulnerable to the crime shall be able to defend himself/herself at the time of the occurrence of the crime.

참조조문

-형법 제259조 제1항

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