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(영문) 서울동부지방법원 2014.12.22 2014고합293
폭행치사
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On March 4, 2014, at around 06:35, the Defendant, while driving a NFS car and driving a road in front of the Seoul Songpa-gu Seoul FF building along the two-lanes of the Olympic Park as the front of the Olympic Park. On March 4, 2014, the Defendant changed the sudden car line in the front of the HFS car driven by the victim G (Nam, 46 years old) driving along one lane in the same direction as the Olympic Park in the same direction, and the contact with the two vehicles occurred.

Therefore, while the defendant, who gets off from the car, had a dispute with the victim and the cause of the accident, had flicked with flick, etc., and had flicked with each other, the victim's face face was left behind and faced with the head on the road.

Accordingly, the defendant caused the victim to die on March 12, 2014, at the J Hospital located in Gwangjin-gu Seoul Special Metropolitan City on March 12, 2014, due to diversified surgery due to cerebral cerebral cerebral cerebral typ, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness K and L;

1. Application of Acts and subordinate statutes to vehicle photographs, diagnostic certificates, investigation reports by victims G;

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

1. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The assertion;

A. While the Defendant was involved in the cause of a contact with the victim, the victim was only flicking the victim’s hand by flicking the Defendant’s flick, and there was no fact that the victim was flicking the victim’s face by drinking, and the above Defendant’s act as a passive defense does not violate social rules, and thus, the illegality is dismissed.

B. There was no causal link between the defendant's act and the victim's death, and there was no predictability about the defendant's death.

2. Determination

(a) When the defendant's drinking is taken into consideration the victim's face;

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