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(영문) 수원지방법원 성남지원 2017.12.21 2017고합224

폭행치사

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On August 31, 2017, the Defendant: (a) around 23:00, the Victim E (56) who is a land owner in D’s carpet parking lots located in Hanam-si C around 23:0, and (b) the Defendant did not take personnel management of F who is a land owner of the Kaf-si in this Kaf-si.

Although the victim made a statement of his/her resistance, he/she did assault on the ground floor that he/she faced with the victim's head one time due to drinking of the victim on the ground because he/she continued to avoid the disturbance, and caused the victim to have his/her external wound so that he/she can interfered with it, and caused the victim to have his/her external wound so that he/she can interfered with it, and caused the victim's death of the brain species, which he/she was receiving medical treatment at the Gangseo-gu Seoul Metropolitan Government Sungdong Hospital located in 150 on September 27, 2017.

Accordingly, the defendant abused the body of the victim and caused his death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Each police statement made to I, F, and J;

1. A report on internal investigation (the other party's inquiry into a studio), internal investigation report (the location of CCTV at the scene of the crime), investigation report (the crime is accompanied by CCTV image data at the scene of the closure of the crime), investigation report (the attachment of CCTV image data at the scene of the crime), investigation report (the identity of the victim as the other party's victim), investigation report (the confirmation of the current status of the victim's H), investigation report (the process of the operation and oral opinion of the victim's h), investigation report (the attachment of a copy of the CT CD and medical record), investigation report (the attachment of a copy of the CT CD and medical record), investigation report (the submission of a diagnosis report

1. A report processing table, each diagnosis report, one medical certificate, one medical record, one copy of the medical record, and a death diagnosis report;

1. Application of the Acts and subordinate statutes to CDs on-site photographs, field photographs, location of a person to be prepared by the J, CCTV image data at the time of the occurrence, photographic data at the time of the occurrence of the incident, CT shooting CD, CCTV image data CD at the scene (D) and CCTV image data around the site of the incident;

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

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.