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(영문) 서울북부지방법원 2012.09.21 2012고합31
폭행치사
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 23:30 on October 201, 201, the Defendant: (a) assaulted the Victim F (52) on the street in front of the D Apartment 404, Seoul Special Metropolitan City, Nowon-gu, on the street, that the Defendant’s vehicle was obstructed by the passage of Earba car parked on the front side of the D apartment shop; and (b) during the process of making a 112 report, the Victim F (52) made it difficult for the Victim to use the Victim’s name and shoulder with his left hand, so as to keep the Victim out of the road floor and go against the back head from the asphalt floor, and caused the Victim to go out from the co, and accordingly, the Defendant caused the Victim to die by the earculic shock caused by the earculic chronic emulba while being treated at the G Hospital’s clinic on the same 15th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of witnesses H and I in the second protocol of the trial, the statement of witness J in the third protocol of the trial;

1. A death certificate, a copy of diagnosis and treatment set, each field photograph, and a photograph of a changeer;

1. The fact-finding inquiry (Korean Medical Association), reply to the fact-finding inquiry, and application of the Acts and subordinate statutes to the G Hospital;

1. The summary of the argument on the argument of the Defendant and his defense counsel regarding criminal facts under Articles 262, 260(1), and 259(1) of the Criminal Code of the relevant criminal facts is as follows: (a) the Defendant was trying to kill the Defendant with the victim and walk the victim’s hand; (b) the Defendant did not have a citizen of the victim’s name and shoulder with his left hand; and (c) there was no intention to injure the victim so far as long as he could not be pushed.

In addition, the defendant's act of walking the victim's hand in order not to catch breath is justified as it is an act of defense that does not violate social rules as an act of defense.

In addition, the death of the victim is not caused by the act of the defendant, but by the treatment delay due to the condition of the victim's delivery after the victim was inside the G Hospital emergency room, and by the spathy of the victim's urbia affected the death.

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