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(영문) 광주지방법원 2016.08.12 2016고합148

폭행치사

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 5, 2016, at around 17:40, the Defendant: (a) reported that the victim E (55 years of age) who did not have appraisal by her prior to her on-line D main line in Seo-gu, Seo-gu, Gwangju, would escape from disturbance under the influence of alcohol; and (b) the Defendant was the victim’s house; (c) however, the Defendant “I am hum hum hum hum hum hum hum hum humb.”

“In other words, the victim was flicked with flat and flatd with flat and flatd with flat and flatd with the victim’s bridge, and flatd with flat on the cement floor.

On April 7, 2016, the victim died due to 3:50 on April 7, 2016 from the hospital of the Joseon University located in 365, according to the Dong-gu Seoul Special Metropolitan City, and died due to the dubation of dubs, light bombs, and sub-proption of props.

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

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes to a death certificate (E) and a autopsy report;

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

1. Determination as to the defendant and his defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act (the following grounds for sentencing)

1. 주장의 요지 피해 자가 피고인에게 술을 마시 자며 피고인을 쫓아가다 피고인의 어깨를 잡기 위해 피해자의 오른손을 뻗쳤는데 피고인이 이를 피하였고, 이에 피해 자가 피고인을 붙잡지 못하고 제풀에 엉덩방아를 찧으며 넘어진 것일 뿐, 피고인이 피해자의 발을 걸어 넘어뜨리지 아니하였다.

2. According to the following circumstances acknowledged by the evidence duly adopted and examined by this court, the witness F’s statement of witness F that observed the victim’s bridge beyond the victim’s bridge as stated in the facts constituting the crime in the judgment of the court can be sufficiently reliable.

Therefore, the defendant and defense counsel are not accepted.

(1) A witness F.