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(영문) 대구지방법원 2013.10.22 2013고합348
폭행치사
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 16:00 on May 23, 2013, the Defendant was living together with the victim E (Woo, 75 years of age) in Yongcheon-si, and was in a usual urology and high blood pressure, and the victim, who was in a very poor state of health through cerebral surgery, did not believe the Defendant who was living in the center for older persons, was confirmed as being in the center for older persons, and the victim, who was unable to believe that he was living in the center for older persons, was in the center for older persons, was able to check the victim's hand, clothes, etc. who sleeped on the floor, and was frighted by 10 meters from the living room to the beginning of the house.

The defendant caused the death of the victim of the same day due to a high level of 17:44 Maternal Macroscopic scopic scopic scopic scopic death.

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. The police statement concerning F;

1. Reports on internal investigation (Attachment of photographs of diosphospists and photographs of diosphospants and A);

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on the results of appraisal and a written 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;

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

1. The summary of the argument recognizes the fact that the defendant carried the victim's hand, clothes, etc. and led the victim's assault, but there was no causal relationship between the defendant's assault and the victim's death, and at the time the defendant could not anticipate that the victim would die.

2. Since the crime of death by assault is an aggravated crime, there should be a proximate causal relation between the act and the result thereof. Moreover, there should be predictability for the result of death, and the existence of such predictability should be strictly determined by examining specific situations, such as the degree of assault and the response of the victim.

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