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(영문) 창원지방법원 진주지원 2016.04.07 2016고합2

폭행치사

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On December 4, 2015, the Defendant: (a) tried to find out the appearance of the victim E (54 years) lying along the central line of the road while under the influence of alcohol in the front of Jinju-si, Jinju-si, and to help the victim stop and safely return to the road; (b) see the desire of “hing down, hing off, hing off, hing off, and hing off,” “hing off, hing off, hinging off,” and hinging down the body of the victim into both hands, and tightly hing down, thereby facing the head on the road floor.

On December 6, 2015, the victim caused the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spon, and died as cerebral cerebral cerebral Spon.

Accordingly, the defendant committed violence against the victim, resulting in the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written appraisal of autopsy;

1. A death certificate;

1. Application of the Acts and subordinate statutes on CCTVs at the scene of a disaster scene, such as body list, photographs, CCTV images to capture at the scene of a crime, a detailed statement of the case processing 112, CCTV in the G Beauty room, CCTV image photographs at the scene of a crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the types of decisions] the group of violent crimes, assault crimes, and Type 3 (where death result occurs] [the person subject to special sentencing] increased factors: No aggravated factors of punishment: In the area of mitigated punishment [the scope of recommended punishment]: Imprisonment with prison labor for a year and six months or three years.

2. In light of the fact that the crime of this case in which the Defendant was sentenced by the body of the victim and caused the death of the victim by facing his head on the road floor, the Defendant’s liability for the crime of this case is not exceptionally against the victim.