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(영문) 서울서부지방법원 2015.01.20 2014고합296
폭행치사
Text

1. The defendant shall be punished by imprisonment for two years;

2.Provided, That the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant stated in the facts charged of “D Public Notice Board” No. 24 in Mapo-gu Seoul Metropolitan Government as “23,” but according to the fact-finding report (53 pages), etc., the head of the family in which the Defendant was living is “24,” and the head of the family in which the victim was living is “23,” so the above correction is made as above.

hereinafter the same shall apply);

Victim E (the age of 51) resided in the above Notification Board 23.

At around 00:50 on October 13, 2014, the Defendant resisted the victim that the victim was obstructed by using a slick currency at the 00:50 above, to the extent that the victim was able to interfere with the locked.

이에 피해자가 피고인의 얼굴을 2회 때리자 피고인은 이에 대항하여 주먹으로 피해자의 몸을 때리고 피해자의 목 부분을 잡고 밀치고, 함께 넘어져 뒹굴면서 피해자의 얼굴 등을 수회 때리는 등 폭행을 가하였다.

On October 13, 2014, at around 02:39, the Defendant caused the death of the victim due to her Hemical heart disease while receiving treatment at the emergency room of the Jongno-gu Seoul Metropolitan Government Seongbuk Hospital located in 29, Jongno-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the interrogation records of the accused prepared by the prosecutor;

1. Each statement made to F and G by a judicial police officer;

1. A report on actual condition prepared by a judicial police officer;

1. Investigation reports prepared by judicial police officers (delivery of medical records to the Gangseo-si Hospital);

1. A letter of autopsy and appraisal prepared by the legal officer H of the National Institute of Scientific Investigation;

1. Application of Acts and subordinate statutes on accident site photographs;

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

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

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Determination as to the defendant's assertion under Article 62-2 of the Criminal Act of the Probation Order

1. Summary of the assertion

A. The victim assaultss the victim as stated in its reasoning.

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