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(영문) 대구지방법원 서부지원 2012.08.23 2012고합239
폭행치사
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant and the victim C(52 years of age) were in the same illness room of the 511 hospital in Daegu-gu, Daegu-gu.

On May 5, 2012, around 11:20 on the fifth floor of the Daegu-gu D Hospital, the Defendant: (a) took a tobacco with the victim on the fifth floor; (b) took the desire to “the victim suspected of being suspected by the Defendant due to a disturbance in the sick room and a double-end larceny; (c) the Defendant saw that “the victim was able to have the frighten of the Defendant’s fright with the tobacco frighten; (d) the victim was able to support the fright of the Defendant with the tobacco frightened by the victim; and (e) the Defendant frighted the victim’s head on the concrete floor at one time when the victim was frighten.

On May 7, 2012, the Defendant caused the victim to suffer from the thalthma, thereby causing the death of the victim who was receiving treatment at the Jung-gu E Hospital in Daegu on May 7, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of each police officer made to F and G;

1. A death certificate;

1. Hospital CCTV images;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of photographs on the upper part of A of a suspect, on-site verification and attachment of photographs, and postmortem examination photographs of a changeer;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing)

1. The summary of the assertion was that the victim was pushed off once by the victim's attack and the victim was involved in an attack and accident, but the victim was faced with the hack column due to the shock, and the head was faced with the victim's head at the bottom, and there was no possibility of the victim's death.

2. Based on the records of the marketing.

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