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(영문) 서울동부지방법원 2015.01.30 2014고합362
폭행치사
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 13:00 on October 15, 2014, the Defendant was in dispute with the use of the victim G(54 years of age) and spat in front of the E market located in Songpa-gu Seoul, Songpa-gu, Seoul as a matter of the victim G(F) and spat, and the Defendant was able to take the victim's spawn by left hand and attract the victim's face by drinking. The Defendant was able to take the victim's spawn with the victim's left hand. The Defendant was able to take the victim's spawn by drinking while she took the victim's spawn face by drinking the victim's spawn with the victim's left hand, and the victim was faced with excessive spawn and the spat floor of the steel spawn of the electric car for cargo transport.

On October 18, 2014, the injured party caused the tymphrosis in the two traumas and died due to cerebral typhism, etc. at Samsung Seoul Hospital located in Gangnam-gu Seoul, Gangnam-gu, Seoul, 81.

Accordingly, the defendant committed violence against the victim, resulting in the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to an investigation report (Submission of a victim's G opinion), death diagnosis report, each photograph, investigation report (a copy of the record of change of a case against the victim G), and written autopsy and appraisal report;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Where the victim has considerable responsibility for the occurrence of a crime or the expansion of damage to the mitigated area (one year and six months to three years) (special mitigation) (special mitigation) of the mitigated area (one year and six months to three years) of the punishment guidelines for assault crimes of Type 3 (the scope of recommending punishment).

2. Determination of sentence: A two-year imprisonment case is a case in which the defendant, while engaging in a dispute with the victim, has caused the victim to die at one time and caused the victim to face his head by going beyond the victim's rear end.

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