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(영문) 대전지방법원 서산지원 2013.11.21 2013고합51
폭행치사
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On July 8, 2013, the Defendant was in a teaching relationship with the victim D (the age of 41) and was in a fluoral relationship with the victim on the street in front of the building Sinsan-si E, Seosan-si, which led to the death of the victim due to a fluoral fladdering at the bottom of the left side of the back side of the back side of the building when the victim talks with the victim at the latest by the night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. Copies of the autopsy report, emergency department records, etc. and requests for appraisal;

1. Application of statutes on site photographs;

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

1. Three years to thirty years from the imprisonment with prison labor for a prison labor;

2. Where the result of death occurs as a result of violence crime in the application of the sentencing criteria [decision on the recommended sphere] basic area [the scope of recommendation sphere] 2 years to 4 years.

3. The Defendant, who had a tobacco relationship, seems to have committed the instant crime in a somewhat contingent and contingent manner by reporting the situation in which the victim talks with another male before the late night, and the Defendant recognized the facts of the instant crime, and the fact that there was no other penalty force than the punishment imposed on three occasions is an element of sentencing favorable to the Defendant.

However, the crime of this case was committed by assaulting the victim and causing death, and the case was very serious; when the victim, who is a female with weak defense capacity, was sexually discriminated against by drinking and launching, the degree of assault was strong enough to cause the victim to do so, due to his her other scarcity, and from May 2012, the defendant had the house of the victim (at that time, the victim was married with G and had 7 years of age and 5 years of age) from around May 2012, which led to the failure of the victim's marital relationship. Accordingly, the victim's marital relationship became extinct on April 11, 2013.

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