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(영문) 대구지방법원 서부지원 2016.09.08 2016고합28

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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2015, around 04:04, the Defendant: (a) returned home to the workplace of the Defendant, who frightened together on the route D in Daegu-gu, Daegu-gu, for reasons not known to the victim E (24 years of age) and the victim E (24 years of age). During the dispute, the Defendant had the victim go back to the lower one time for drinking, and caused the victim to death of the external propoperia at the same place immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Images recorded in a video CD at the accident scene;

1. The application of Acts and subordinate statutes to autopsy and appraisal reports and report internal investigation (attached to a death certificate);

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 grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The scope of recommendations on the sentencing guidelines [the determination of types] and the types of assault crimes (where the result of death has occurred) (the scope of recommendations] 2 years to 4 years (the basic area).

3. The crime of this case by which the sentence of sentence is to be sentenced is to be committed by the Defendant at one time and to be demoted to the victim, and thereby resulting in the death of the victim, resulting in the death of the victim, and resulting in the serious result of the deprivation of the victim’s most severe life, the Defendant cannot avoid criminal liability corresponding to that.

In addition, the victims are young children of 24 years of age, and it is difficult to find responsibility for the occurrence of the instant crime to the victims.

This is disadvantageous to the defendant.

However, the defendant appears to have committed the crime of this case contingently in whole, the frequency of assault does not relatively exceed the degree of assault once, the defendant takes relief measures against the victim after the crime, and the defendant agrees with the bereaved family member.