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(영문) 대전지방법원 논산지원 2013.10.16 2013고합33
폭행치사
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:30 on February 3, 2013, the Defendant met the victim E (the age of 52) who fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright

In the end, the Defendant caused the victim's death from the G Hospital located in F at around 23:45 on the same day to the low-weight shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. The application of Acts and subordinate statutes to a written autopsy and written autopsy and appraisal;

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing following the period of suspended sentence);

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Application of the sentencing guidelines [Determination of types of punishment] - Where the result of death has occurred due to violence crime (including a special person who has been sentenced to punishment): Reduction element: Voluntary number of self-denunciation or internal accusation, exemption from punishment (including a serious effort to recover damage): Decision on the recommended area] Special mitigation Area / [Scope of Recommendation Region] from 9 months to 3 years [general person] - Reduction element: Voluntary reflect [whether suspended sentence is suspended or not] - there is no record of criminal punishment, failure to punish (including serious efforts to recover damage) - No reason for positive general participation: Social relation clearly, contingent crimes, self-denunciation or internal accusation, serious reflects;

3. The defendant's assault to decide the sentence of punishment results in a serious result that the victim loses his/her life, so the criminal liability is heavy, and the punishment is required accordingly;

(b).

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