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(영문) 인천지방법원 2014.03.28 2013고합877

폭행치사

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C are workplace pay relationships that served in the same newspaper company.

On October 21, 2013, at around 15:00, the Defendant drinked with the victim of interest-based life in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, in front of the building for interest-based life, at the “D” 'D' house located in the vicinity of the building, and around 18:47 the same day, the Defendant her drinking alcohol by moving the E, which is the workplace rent for the towing business, to the frequency of mutual influences located in the Namdong-gu, Incheon Metropolitan City.

After 20:30 on the same day, the Defendant moved with the victim to the residence of the E located in the Namdong-gu Incheon Metropolitan City, on the 20:30th day from the car of the above E, and returned home, and the Defendant and the victim were drunk in the process of getting on and off the taxi, and brought a dispute to the fright of the victim by drinking in the taxi. At around 21:50 on the same day, the victim and the victim continued to go off before the home flass located in the Namdong-gu Incheon Metropolitan City, Namdong-gu, Incheon, and caused the victim's face to be checked from the victim. At around 13:43 on October 22, 2013, the victim got out of the H Hospital emergency room located in the Namdong-gu, Incheon Metropolitan City on the face of the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement to I and E;

1. Application of Acts and subordinate statutes to a copy of a death diagnosis report, a report on a request for appraisal, and a report on a request for appraisal;

1. Articles 262, 260 (1), and 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing), which are advantageous to the reasons for suspended sentence;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommendations according to the sentencing criteria (determination of types), violent crime group, assault crime, and general person who is punished in the form of Type 3 (where the result of death has occurred).