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(영문) 대구지방법원 2013.04.19 2012고합949

특수폭행치사

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant supplied a chip to the food company E, which is operated by the victim D(72 years of age), but did not receive 58 million won of the price. Since April 11, 2012, the defendant was found in the victim's office in Ansan City F in order to receive the price.

On April 14, 2012, the Defendant confirmed the details of transactions with the victim at the above location on April 14, 2012, and went into dispute on the ground that the victim was not aware of payment without paying the price.

The Defendant: (a) entered the office, 40cm in length, which is a dangerous object in the vehicle ridge of the victim; (b) displayed the victim’s head; and (c) assaulted the victim’s left part of the buckbuck area on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of G and H;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing field photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (including favorable circumstances, etc. as seen below):

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the decision of a sentence] violence crime, repeated crime, special assault (special person] - the result of the death of mitigation element is not attributable to the defendant's direct act (type 3) / [the decision of the recommending area] mitigation area / [the scope of recommending punishment] April / 1 year and 2 months / [the decision of sentencing] Defendant assaulted the aged victim with a net, which is a dangerous object, and the victim died with a hysmic heart disease.

On the other hand, the defendant has no record of being sentenced to a fine for the last two hundred years, and deposited 10 million won for the bereaved family members of the victim, and the possibility of the death of the victim is predicted as follows.