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(영문) 대전지방법원 2015.07.16 2015고합152
폭행치사
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 00:00 on July 11, 2014, the Defendant was booming F, G, H, I, and tobacco, which is the Defendant’s working club in Seo-gu, Daejeon, Seo-gu, Daejeon, on the ground that the victim J (Nam, 58 years old) was under the influence of alcohol, and that the Defendant was boomed by both hands to the Defendant and the young people, leading the victim to go beyond the Defendant’s head on the ground and go against the Defendant’s head on the ground.

On July 11, 2014, at around 06:30 on July 11, 2014, the victim died of a serious head damage, such as stroke blood, hump low blood, stroke blood, and spoke blood, from the home of the victim in the Seo-gu Daejeon-gu Daejeon, Daejeon to 304 Dong 809.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of L, G, H, I, F, and M;

1. Analysis of data fromCCTV;

1. Report on a request for appraisal;

1. Application of Acts and subordinate statutes to photographs related to legal history;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Determination as to the assertion of the defendant and his defense counsel, who are favorable for the reason of sentencing under Article 62(1) of the Criminal Act

1. Summary of the assertion

A. As stated in the facts charged, the Defendant was faced with the head on the ground floor of the victim by pushing the victim over the rear, as the two descendants, but the police officers dispatched after receiving the report at the time of the instant case did not take measures to send the victim to the hospital and did not leave the house of the victim, and the victim did not live, and the victim was suffering from brain damage and the victim could have suffered medical treatment on several occasions, which may have affected the death of the victim, so the Defendant’s act of assault and the death of the victim are between the Defendant’s act of assault and the victim.

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