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(영문) 의정부지방법원 2018.03.27 2017고합377

폭행치사

Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On September 1, 2017, from around 19:57 to 20:06, the Defendant moved his wife D (n, 49 years old) under the influence of alcohol in front of his residence in the building South-si building C and the alleyway in subparagraph 103 of the same Article in front of his residence, and the Defendant was able to take the victim’s face into front of his wife D (n, 49 years old) who was under the influence of alcohol. The Defendant was able to take the victim’s body without properly accumulated.

The Defendant continued to commit assault, such as: (a) the victim, who was flicker on the floor; (b) the victim’s flick flick flick flick; (c) the victim’s flick flick flick flick; (d) the victim’s face and flick flick flick flick; (d) the victim’s face and flick flick flick flick flick; and (d) the victim’s head flick flick flick flick on the back of the train of the said tower.

Since September 1, 2017, the Defendant caused the death of the victim from around 20:06 to September 18:33, 2017 due to his/her acute marbrition in his/her residence.

Accordingly, the defendant abused the body of the victim and caused his death.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A report on internal investigation (the analysis of CCTV images for crime prevention), CCTV photographs for crime prevention on September 1, 2017, reports on internal investigation (the results of the autopsy appraisal), internal investigation reports (the results of the autopsy appraisal) and written autopsy appraisal, and CDs in the white data business for crime prevention;

1. Application of Acts and subordinate statutes to a copy of death certificate;

1. Grounds for sentencing under Articles 262, 260 (1) and 259 (1) of the Criminal Act concerning the facts constituting an offense;

1. Three years to thirty years from the imprisonment with prison labor for a prison labor within the scope of punishment by law; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the case where the basic area (two to four years) of the three types of assault crimes (the scope of the modified punishment] [the scope of the changed punishment] shall be sentenced to the imprisonment of three to four years (the lower limit of the sentencing range recommended by the sentencing guidelines is lower than the statutory minimum applicable sentencing range, so the lower limit of the sentencing range is lower than the statutory applicable sentencing range.