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(영문) 인천지방법원 부천지원 2015.06.12 2015고합89
폭행치사
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 05:00 on December 26, 2014, the Defendant: (a) was bread to the victim D (here, 40 years of age) in a de facto marital relationship under the influence of alcohol at the Defendant’s residence; (b) on the ground that the victim’s head was unable to take a return dog, the Defendant suffered bodily injury, etc. from the victim’s head at the time of the victim’s head; and (c) on January 7, 2015, the Defendant died by a fluoral blood transfusion, etc. at the Hancheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, and 702, which was under the influence of alcohol; and (d) on January 10:35, 2015.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses E in the sixth trial records;

1. Each investigation report;

1. On-site photographs, victim photographs and CCTV photographs;

1. Emergency medical services log;

1. Application of Acts and subordinate statutes to death certificates and autopsy and appraisal certificates;

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

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel regarding discretionary mitigation of punishment under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter referred to as "contributing circumstances favorable to the sentencing"), the defendant and his/her defense counsel asserted that the defendant did not have any causal relationship between the defendant's assault and the death of the victim, and that the defendant could not anticipate that his/her assault would result in the death of the victim.

The following circumstances, which can be acknowledged by the above evidence, i.e., ① the victim who prices the head part of the victim's body by the victim's hand, i.e., the victim was frightened from the whole body, kiddd immediately on the floor, kid immediately, lost its power, and kid immediately in the future, ② the victim who was under the influence of alcohol at the time of the instant case was unable to predict or defend the defendant's assault, and seems to have no choice but to be vulnerable to the external shock. ③ The victim is the victim.

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