Text
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
B는 2014. 4. 23. 15:00경 군산시 군산창2길 46에 있는 월명공원에서 피해자 E(66세), F, G과 함께 속칭 ‘도리짓고땡’이라는 도박을 하던 중, G이 점수 계산에 착오를 일으켜 위 피고인이 돈을 딸 수 있던 기회에 피해자가 G의 착오를 정정해주는 바람에 돈을 따지 못하게 되자, 이에 화가 나 위 도박을 하던 장소 근처에 있는 벤치에서 피해자와 말다툼을 하던 중 피해자와 멱살을 잡고 실랑이를 하다가 양손으로 피해자의 어깨 부위를 세게 밀어 피해자가 뒤로 넘어지면서 피해자의 머리 부위가 산책로 바닥에 부딪히게 하였다.
Defendant
A, among the above-mentioned squares in front of the above-month Park H, the victim, who was suffering from the dispute between Defendant B and the victim, was in excess of the above-mentioned location, had the victim go to the above-mentioned location, and prevented the victim, and had the victim go to the floor by having the victim go to the end of the victim's shoulder with one hand by "I see this ki, why we see, why we see, why we see, I see, I am the victim's shoulder, and the head part of the victim was faced with the victim's head part.
As a result, the Defendants assaulted each victim on April 28, 2014, and caused the victim to die with the multiple growth contribution due to hidden brain and damage to light water at the Dong-gun General Hospital located in the Masan-si, Masan-si, Masan-si on April 28, 2014.
Summary of Evidence
1. Defendant B’s partial statement
1. A witness I and each legal statement;
1. Investigation reports (victim countries and responses to the results of appraisal);
1. A death diagnosis report or an appraisal report;
1. Application of Acts and subordinate statutes to photographs, such as field photographs and gradient measurement;
1. Articles 262, 260 (1), 259 (1), and 263 of the relevant provisions concerning the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (each of the favorable circumstances among the reasons for sentencing below);
1. Defendant B, who suspended execution, is favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.