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(영문) 대구지방법원 2014.12.19 2014고합474
폭행치사
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On August 15, 2014, the Defendant was the birth of the victim D(34 years of age) at an elementary school, and was playing with the victim and his/her family members in the Fgate E located in Cheongdo-gun, Cheongbuk-do.

On August 15, 2014, at around 17:50, the Defendant, while under the influence of alcohol, was in walking a river with the victim in front of the Fpentathy, and was assaulted by the victim, due to the chilling of the Defendant’s shoulder, and the Defendant was able to have the Defendant shick the Defendant’s shoulder flow off to the rapid drainage of water saving by the victim.

The victim, therefore, did not go back immediately with drainage pipes (110cc in diameter, 517cc in length) installed below the river.

Accordingly, the defendant abused the victim and caused the death of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each legal statement of the witness G, H, I, J, and K;

1. Each police statement of L/M;

1. Each internal investigation report and investigation report (including attached documents and photographs), and explanatory notes;

1. The application of Acts and subordinate statutes to autopsy reports and autopsy reports;

1. Determination as to the Defendant’s assertion under Articles 262, 260(1), and 259(1) of the Criminal Act applicable to criminal facts

1. The defendant asserts that the defendant did not cause the death of the victim since he did not assault the victim at the time of the instant case.

2. In full view of the following circumstances revealed by the evidence of the judgment, the victim and the defendant were fighting between the victim and the defendant at the time of the instant case, and during that process, the victim was absent from the drainage pipe installed below the river due to the assault by the defendant, so the defendant's above assertion is without merit.

The Defendant, as the first day of the victim, arrived at the Fpentium where the victim's family members were gathered at around 14:30 on the day of the instant case, and is together with the victim and his family members.

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