logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.12.23 2013고합481
상해치사
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

On September 29, 2013, at around 02:40 on September 29, 2013, the Defendant, while under the influence of alcohol in front of the D Building in Gwangju-gu, Gwangju-gu, for reasons of the victim E (Nam, 42 years of age) and fire, taken the victim's face, clothes, etc. into the floor due to drinking and fire, and used the victim's face, clothes, etc. on the floor by using the victim's body part on the floor.

The defendant continued to attract the victim into the underground parking lot of the above D Building and got about 50 minutes of drinking and drinking, and taken the victim's face, clothes, etc.

Accordingly, the Defendant suffered from a large quantity of blood transfusions from the victim by drinking the victim as above, and caused the victim's death at the above underground parking lot around the same day due to low blood shocks, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (exploration of the photographs ofCCTV analysis suspects), a criminal investigation report (or a verbal opinion of the prosecutor with respect to the cause of death of a deceased person), and a criminal investigation report (Attachment to CCTV files in the status of damage);

1. The application of Acts and subordinate statutes to a report on the results of investigation of a person who has died on a change, the scene of death and body photographs;

1. The defendant and his defense counsel asserts to the purport that the defendant was in a state of mental disability at the time of committing the crime of this case, as to the assertion of the defendant and his defense counsel under Article 259 (1) of the Criminal Act.

According to the evidence adopted and examined by the court below, although the defendant was found to have drinking at the time of the crime of this case, considering the circumstances before and after the crime of this case, the motive and circumstances leading to the crime of this case, the defendant's behavior before and after the crime of this case, etc., it cannot be seen that the defendant lacks the ability to discern things at the time of this case and make decisions. Thus, the above assertion is rejected.

Reasons for sentencing

1. The scope of recommended sentences according to the sentencing guidelines (determination of types), violent crimes, general injury, and death of Type 3;

arrow