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(영문) 서울서부지방법원 2013.08.14 2013고단596

폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 4, 2013, at around 01:29, the Defendant: (a) taken a 3rd floor of “Eliba” located in Mapo-gu Seoul Metropolitan Government D, and the victim F (the 48 years of age, south) who was divingd on the right side of the victim, she walked on one occasion a part of the victim’s right side due to the sudden difficulty of the nose; (b) taken the victim’s walk at the lock; (c) taken the victim’s walk at the lock; and (d) taken the victim’s chest and neck on several occasions with the second floor; and (d) continued to 02:04 on the same day from that day, the Defendant she taken a bath to the victim; and (d) took the victim’s breast, shoulder, fright, and boomed the victim’s second floor with the second floor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes on site and situation refluence photographs, health insurance benefit details, and replys to autopsy, appraisal and appraisal;

1. Article 260 (1) of the Criminal Act applicable to the crimes. Article 260 (1) of the same Act

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, in a shooting room or on the surface of the water room, has broken the victim as a victim due to the serious difficulty of the victim’s coconcing, and the victim under this paragraph and the body fighting have taken place.

Although the defendant's act of assaulting the victim's chest and the part of the victim's chest is not considered to be a direct cause for the death of the victim whose heart function has been significantly weakened, it can not be said that the direct cause for the death of the victim is not the result of autopsy. However, it can be seen that the defendant's act of assaulting the victim's chest and the part of the victim's chest is an incentive for the victim's death, and it can be seen that the defendant's act of assaulting the victim's chest is an incentive for the victim's death.

The details of the instant crime and the shape, means, duration of the instant fighting between the Defendant and the victim, as well as the victim’s bereaved families, have not been fully agreed with. On the other hand, the Defendant was the victim’s death.