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(영문) 부산지방법원 2014.05.02 2014고합94

폭행치사

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On January 23, 2014, at around 22:00, the Defendant expressed that the victim E (the 33 years of age) who is a fluorous friant in Busan, was “macex” to the Defendant, and expressed the Defendant’s face at one time in drinking, and 3 times in drinking the Defendant’s face on the hand floor, and continued twice in drinking the victim’s face.

In addition, at around 02:00 the following day, the Defendant committed assault, such as: (a) the victim’s desire to “chrone” against the Defendant at the home of the Defendant located in the same Gu F, and (b) the victim dump, so far as it is difficult for the victim to do so by hand, and (c) the victim dump the head on the wall.

Since January 24, 2014, between 18:00 and 22:00 on January 24, 2014, the victim died from the Defendant’s home to the thropoly thropoly typosis.

Accordingly, the defendant committed violence against the victim, resulting in the death of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. The written statement of each police officer against the defendant and G;

1. A corpse inspection report, a fact-finding report, and an investigation report (in cases of attaching a written autopsy examination report);

1. On-site photographs, actual condition survey photographs;

1. Application of Acts and subordinate statutes to report on the occurrence of a disaster, suggestion for direction, and each investigation report (investigation into the details of the use of card G for reference, correction and specification of a suspect's date and time, place and specification of the crime, autopsy, investigation into the time of death of a victim, and further prosecution and transmission as a result of appraisal);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination as to the defendant and his/her defense counsel's assertion under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act

1. The main point of the argument is that the defendant was faced with the victim's head by the time and smuggling, and the causal relationship is recognized between the defendant's act and the victim's death.