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(영문) 대구지방법원 2019.03.22 2019고합19

폭행치사

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 4, 2019, the Defendant: (a) around 23:30, at C main points in Daegu-gu, Dong-gu, Daegu-si, and (b) around 23:30, the Defendant: (c) considered that the victim E (ma, 66 years of age) who was a customer, was under the influence of alcohol with D while playing in a singing together with D, and she was under the influence of drinking to D; and (d) caused the victim to go beyond the floor by pushing the victim’s chest part on his chest, thereby facing the victim’s head behind the floor.

Accordingly, on January 5, 2019, the Defendant, at G Hospital located in Daegu-gu, Daegu-si F, Daegu-si on January 5, 2019, caused the victim's death to be a cerebral cerebral cerebral f due to the bruptive ladrosis due to two side damage.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each police statement made to H, I, and J;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on the occurrence of a disaster, a field identification report, a photo of a person who has suffered from a change, a report on a survey of a person who has suffered from a change, a physical list at a site of a change, a report on internal investigation (a report on the investigation of the situation at a site), a report on internal investigation (Attachment of a preliminary autopsy report and hearing of the statement of the director of the medical department), a report on an investigation (a report on preliminary autopsy report and a statement

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

1. Determination as to the defendant and his/her defense counsel's assertion of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (a favorable circumstance for sentencing as follows)

1. The summary of the argument is that the defendant is a citizen of the victim's chest part as stated in the facts charged of this case, but it was not possible to anticipate that the defendant's death was caused by the victim's hair going beyond the rear part and the head was faced on the floor.

2. Determination

A. The crime of death by assault is an aggravated crime, and not a causal relationship exists between the result of assault and the result of death, that is, there should be negligence, i.e., predictability of the result of death, and the existence of such predictability should be strictly conducted by examining specific situations, such as the degree of assault and the response of the victim.