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(영문) 의정부지방법원 2013.11.22 2013고합182

폭행치사

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

The defendant is a dump driver who is a victim D (year old 43) with the driver of a dump vehicle and is driving a dump vehicle for more than 10 years, while being aware of each other.

On May 15, 2012, around 21:10, the Defendant tried to allow G, a dump vehicle borrower who the Defendant and the victim, to retire from the victim, to communicate with each other.

The defendant stated that "the borrower intends to retire from work and drive the vehicle with due care" from the victim "I am, I am, I am, I am, I am, I am to 4-5 times the victim's face, I am to am to 4-5 times the victim's head, and assault again 4-5 times the victim's head head.

Ultimately, the Defendant assaulted the victim as above and caused the victim to die with acute hump, among the victims h around 04:30 on May 16, 2012, who were divingd within the residence of the victim in the city of Gu Government H, and caused the death of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Each police statement made to J, K, L, M, and G;

1. A report on the current status, a written autopsy, a written autopsy report, and a written autopsy and appraisal report;

1. Determination as to the assertion of the defendant and his/her defense counsel on the scene of a change from the scene of a change, his/her photograph, his/her photo, his/her photo, his/her photo at the scene of a assault, his/her photo, his/her photo, and his/her photo

1. The main point of the argument has no causal relationship between the Defendant’s assault and the death of the victim, and at the time of the assault, the Defendant could not have predicted that the victim would die.

2. 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, and there should be predictability of the result of death, and such predictability should be possible.