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(영문) 전주지방법원 2014.07.24 2013고합244

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

At around 18:30 on July 28, 2013, the Defendant, who was under the influence of alcohol in the sperm located in the Gangnam-gu Seoul metropolitan area of 382 South Yangyang-dong, 2013, had the victim C (72 years of age) who was under the influence of alcohol due to the cryption of the crogate and the victim's hump, caused the hump to the hump and the hump to the hump, and caused the hump to the hump to the hump and the hump to the hump, caused the hump to the hump, and caused the hump to the hump to the hump, caused the humb

As a result, the Defendant caused cerebrovascular to the victim on August 1, 2013, and caused the death of the victim at the Jeonju Hospital located in Jeonsan-gu Seoul Special Metropolitan City D on August 1, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and F;

1. Each protocol of the police suspect interrogation of the accused and protocol of suspect interrogation of the prosecution;

1. The prosecutor's statement concerning G;

1. A copy of a written opinion and an autopsy and appraisal;

1. A copy of the report on occurrence of change of occupation or a copy of the work site;

1. Application of Acts and subordinate statutes on site photographs and field inspection photographs;

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. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing)

1. The summary of the claim is the date and place indicated in the judgment of the defendant, but there was no possibility for the victim to cause the death.

2. Determination

A. Since the crime of death by assault is an aggravated crime, there should be a proximate causal relation between the act and the result thereof, there should be predictability of the result of death, and the existence of such predictability should be concrete, such as the degree of assault and the response of the victim.