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(영문) 서울서부지방법원 2017.12.20 2017고합348
폭행치사
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who works in Seodaemun-gu Seoul, Seoul as a head of a household in D's “D” on the fourth floor.

At around 15:40 on October 12, 2017, the Defendant: (a) was suffering from mental illness in the victim E (n.e., 43 years of age) in the above “D” law; (b) caused the death of the victim, such as the victim’s chests and part of his/her chests, by taking several times the victim’s chests and part of the ship; and (c) caused the victim’s death by a sudden shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Copy of the police statement made to H;

1. Protocols of seizure, list of seizure and evidence of seizure;

1. A copy of the death examination, a copy of the death report, and a reply to a request for appraisal;

1. The place of crime, investigation report (including a copy of the protocol of bereaved family statement), investigation report (related to field CCTV), investigation report (related to field CCTV activities), internal investigation report (related to field emergency medical services), investigation report (the first opinion of autopsy), and investigation report (h telephone statement hearing);

1. 현장 및 사체 검시 사진, CCTV 영상 켭쳐 화면, 구급 활동 일지 사본 법령의 적용

1. Articles 262, 260, and 259 of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 (i.e., circumstances favorable to the defendant among the following grounds for sentencing) of the Criminal Act mitigated from small amount;

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines / [the types of decisions / [the case where the result of death occurs) / Class 3 (the case where a person subject to special sentencing has committed an act of assault intentionally: In the event that an act of assault intentionally committed on the part of the person subject to punishment (including serious efforts to recover damage), or where considerable damage has been restored [the scope of the recommended and recommended punishment] special mitigation area, special mitigation area of imprisonment with prison labor for not less than one year and six months, but not more than three years (the scope of sentence is in conflict with the scope of the applicable sentencing under law, and it shall be based on the minimum

3. Determination of sentence: The defendant who has been sentenced to imprisonment for two years, does not have any previous offense other than a previous offense of a fine for different types, and this shall apply.

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