Text
[Defendant A] The defendant shall be punished by imprisonment for three years.
[Defendant B] The defendant shall be punished by imprisonment for four months.
except that this judgment.
Reasons
Punishment of the crime
[Criminal Justice] On May 18, 2017, Defendant A was sentenced to four months of imprisonment with prison labor for an injury at the original branch of the Chuncheon District Court. On September 16, 2017, Defendant A terminated the execution of the sentence.
【Criminal Facts】
1. Defendant B
A. On November 20, 2017, around 09:00, the Defendant assaulted the victim’s face at five times on the floor of hand on the ground that the Defendant was rejected after having changed the galking to the victim C ( South and the age of 46) at the lower mar school located in the Giju-dong, Hosi-si.
B. At around 22:00 on November 20, 2017, the Defendant assaulted the victim D ( South and 48 years of age) at the place indicated in the above paragraph (a) on the ground that the victim was assaulted against the victim D ( South and 48 years of age) on the floor of his/her hand at 3-4 times.
2. On November 20, 2017, at around 09:00, Defendant A performed drinking with the location described in paragraph (a) of Article 1, C, victim D, etc., Defendant A, on both hand, sent the victim’s face at 3-4 times with the victim’s face at 3-4 times, and pushed up the victim’s body by pushing the victim’s face and breast part, thereby going up to the floor, and head and breast part of the chest.
The victim died from 04:10 on the following day from the F Hospital located in Haju-si E due to acute humphalopia, bottom blood, etc.
Ultimately, the defendant injured the victim and caused the death of the victim.
Summary of Evidence
1. Defendant A’s partial statement, Defendant B’s legal statement
1. Each legal statement of witness C and B;
1. Each police statement of G and H;
1. A report on investigation (the No. 19,29 of the evidence list), a written autopsy and appraisal, and an inquiry and reply;
1. Six copies of a recording book, a report, and a recording file;
1. Previous convictions indicated in his/her judgment: Criminal references references, reports on the results of confirmation before and after disposition, and application of Acts and subordinate statutes concerning the current status of confinement by individual;
1. Defendant A of pertinent legal provisions pertaining to criminal facts: Article 259(1)2 of the Criminal Act; Article 260(1) of the Criminal Act
1. Defendant A from among repeated crimes: The proviso to Article 35 and the proviso to Article 42 of the Criminal Act;
1. Defendant B from among concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act.