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(영문) 광주지방법원 2019.07.12 2019고합35
폭행치사
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On February 7, 2018, when the Defendant and the victim B (the age of 63) were hospitalized, the Defendant was in the “D Hospital E” room in the city where the Defendant and the victim B (the age of 63) were hospitalized, and when the victim was in the process of moving the victim to the sick room in the three sides of the hospital, the victim was tightly informed from the victim while the victim was tightly in the process of moving the victim to the sick room, and caused the victim to face the head of the victim by tightly cutting the victim's head one time by tightly cutting the victim's head into the floor, and caused the victim's face by taking care at the G hospital located in the Dong-gu, Gwangju Metropolitan City around 17:05 on February 21, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Part of the police statement to J;

1. A death diagnosis report and a written autopsy and appraisal report;

1. Application of CCTV-related Acts and subordinate statutes;

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

1. Determination on the assertion of the defendant and his/her 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 gist of the allegation is that the defendant has not taken the face of another victim after pushing the victim over as stated in the facts constituting the crime in the judgment.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by this Court, the fact that the Defendant was faced with the victim’s face by cutting the victim over and taking advantage of the victim’s face is recognized.

Therefore, the defendant and his defense counsel's assertion is not accepted.

H having observed the dispute between the defendant and the victim, was in the investigation stage to the present court, and the victim was in dispute with the defendant, and the victim first entered the ward with the defect.

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