2017 Gohap307 Injury, etc.

A

Phos (prosecutions) and Phos (public trial)

Law Firm B

Attorney C

May 25, 2017

A defendant shall be punished by imprisonment for not less than two years and six months.

Criminal facts

The Defendant became aware of the victim D (the age of 46) who carried out the implementation project around December 2015, and invested KRW 30 million in relation to the implementation project of the victim on April 2016, to help the victim implement the project from that time, provided that he/she did not fully receive the said money from March 13, 2017.

The Defendant, on March 13, 2017, around 19:20 on the same day from March 13, 2017 to 22:54 on the same day, had the face of the victim because the victim living in Seocho-gu Seoul Metropolitan E, 142 of the Ftel 142, and the victim and the 2nd-2nd-day drinking, did not recover the said money due to the fact that the victim and the 2nd-day drinking alcohol failed to properly proceed with the victim's implementation business, and the victim did not recover the said money once.

The Defendant: (a) caused the victim’s injury to the victim by seriously dividing the victim’s threshold and part of the victim’s body by force; (b) prevented the victim from leaving the victim in a state of unknown consciousness due to respiratory suspension; (c) the victim temporarily repulmonary resuscitation occurred due to the cardiopulmonary resuscitation of a first responder called upon the Defendant’s report at around 23:02 on the same day; (d) on March 14, 2017, around 222: (a) around 13:4, as distributed in Seocho-gu Seoul, the Defendant was suffering from the death of the victim by light pressure, while being treated at the lux Seoul University Epi Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A death diagnosis report, a result of autopsy, and a written autopsy and appraisal report;

1. Each photograph, a detailed statement of processing reports 112, requests for genetic analysis, reply, and emergency medical services log;

1. Each investigation report (in relation to the status of damage, etc. of the victim D, CCTV verification-related to CCTV verification, autopsy-related relation), each internal investigation report (related to opinions in charge, and attachment of the results of the autopsy), and drilling (written autopsy, etc.);

Application of Statutes

1. Article applicable to criminal facts;

Article 259(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] General Injury to Violence No. 3 (In the event of death)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 3 to 5 years of imprisonment

3. Determination of sentence;

[Unfavorable circumstances] The crime of this case is a case in which the defendant's drinking together with the victim has a dispute over drinking, and the victim's body is strongly divided into the victim's mouth and part of the victim's body, and eventually, the victim's death is caused. Since the life of a person cannot be altered, the crime of this case requires strict punishment. The victim's bereaved family members are expected to suffer significant mental shock and pain due to the crime of this case, etc., which are disadvantageous to the defendant.

[I] After the crime of this case, the Defendant reported immediately 112 and performed his best efforts for the relief of the victim, and all of the crimes of this case from the investigative agency to this court are recognized. Furthermore, the Defendant did not have any history of punishment for the crime before the crime of this case, and the Defendant appears to have committed the crime of this case by accident under the influence of alcohol, and the Defendant divided the victim’s threshold and neck with the intent to suppress the victim in order to stop fighting with the victim during fighting. While fighting with the victim, the Defendant was under the influence of force with the intent to force the victim to stop fighting. The Defendant appears to have caused the death of the victim. The Defendant also responded to the death of the victim due to the reduction of the punishment for the crime causing the death, and the Defendant prepared the maximum money to the extent possible for the recovery of the damage, and deposited KRW 50 million with the victim’s punishment, which is favorable to the Defendant.

In addition, in comprehensive consideration of the defendant's age, character and conduct, environment, family relationship, motive and background of each of the crimes of this case, circumstances after the crime, etc. and all the sentencing factors specified in the records and arguments of this case, the punishment shall be set lower than the minimum sentencing guidelines.

The presiding judge, judge Kim Jong-tae

Judges Kim Gin-han

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