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(영문) 창원지방법원 통영지원 2016.06.30 2015고합82
상해치사
Text

A defendant shall be punished by imprisonment for three years.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

The facts of the cause of the medical care and custody [criminal facts] The defendant and the person in charge of the medical care and custody (hereinafter referred to as the "defendant") were receiving the medical treatment from October 25, 2012 to the present, due to the symptoms of alcohol dependence, etc., and had a habitive substance of drinking. From October 25, 2012 to October 25, 2012, the victim E (V, the age of 44) was living with the victim from around December 23, 2013 to the victim E (V, the age of 44) while repeating the discharge from the hospital located in Tong-si due to alcohol dependence, etc.

The Defendant, while living together with the victim, repeated drinking with alcohol dependence symptoms, resulting in difficulties in appraisal adjustment, impulse adjustment, and impulse adjustment, and shown a stimulous appearance even in small stimulation, and assaulting the victim several times, and accordingly, the victim was assaulted by the Defendant and filed a report several times.

In the meantime, the Defendant was under the influence of alcohol dependence symptoms, etc., or lacks the ability to discern things or make decisions. On April 29, 2015, the Defendant was under the influence of alcohol with the victim in the said residence of the Defendant and the injured person, while drinking together with the victim. In doing so, the Defendant took a serious bath to the victim, and was under the victim, resulting in the Defendant’s death by blood transfusion outside the hives, etc.

[Judgment of the court below] The defendant is a person who committed a crime corresponding to imprisonment without prison labor or a heavier punishment, as stated in the facts of the crime in the judgment of the court below which lacks physical and mental dependence on alcohol, and needs to receive medical treatment at the treatment and custody facilities and is in danger of recidivism.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Prosecutions against the Defendant.

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