A defendant shall be punished by imprisonment for three years.

Punishment of the crime

피고인은 2018. 10. 30. 06:00경 서울 노원구 C아파트 D호 피고인의 집 안에서 후배인 피해자 E(31세)과 함께 술을 마시던 중, 피해자가 피고인에게 반말을 하며 대드는 것이 기분 나쁘다는 이유로 발로 피해자의 다리 부위를 1회 걷어차 넘어뜨리고, 계속해서 넘어진 피해자의 머리 부위를 주먹으로 수십 회 때리고 발로 수 회 걷어찼다.

Ultimately, the Defendant assaulted the victim and caused his death at the same place around the same day due to shock.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. A written autopsy report, a written result of autopsy, and a written autopsy and appraisal report;

1. Voluntary report, report on the occurrence of a case of change or death, suggestion for direction, the occurrence of change or death, and report on internal investigation;

1. Each investigation report (investigation into the verification of CCTVs around the place of occurrence, the verification of surrounding CCTV images, and response to requests for examination and assessment on the second spot images);

1. The application of Acts and subordinate statutes to the 112 Incident processing table, a visual field photograph, a ground plan for the parking lot of site apartment buildings and apartment photographs, and the CCTV data on the rooftop of the C Apartment-dong site;

1. Grounds for sentencing under Articles 262, 260 (1) and 259 (1) of the Criminal Act concerning the facts constituting an offense;

1. Scope of punishment by law: Three to thirty years of imprisonment;

2. 3 to 4 years (where the lowest limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing guidelines, it shall be based on the statutory minimum limit of the applicable sentencing standards) imprisonment for three years (where the lowest limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing standards, it shall be based on the statutory minimum limit of the applicable sentencing standards).

3. The Defendant who has rendered a sentence of sentence cannot unilaterally assault a victim who is unable to resist properly on the ground that the victim is frighten and frighten, thereby resulting in death.