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(영문) 대전지방법원 서산지원 2013.09.26 2013고합54
폭행치사
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 15:20 on May 11, 2013, the Defendant: (a) at the container room in the “D” factory in the Siljin-si, the victim E (57 years of age) is doubtful about the relationship with F, a woman living together with the Defendant and the victim; and (b) at the victim’s time, the victim’s “whether or not he is doubtful of our space, or not he is a mentally ill person.” (c) made it time for the victim’s hand floor to her blick.

While the Defendant continued to go out of the above container room and the victim's oral dispute with the victim, he/she had the victim go beyond the cement floor and faced with his/her head.

On May 16, 2013, the victim caused cerebral cerebral typosis and died with cerebral typosis while receiving treatment at a H hospital located in J in Jin-si on May 16, 2013.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and I;

1. Investigation reports (Attachment of photographs at the site of the case, attachment of national and water appraisal reports), verification records, on-site inspection photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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 (hereinafter referred to as the following grounds for sentencing)

1. Imprisonment with prison labor for a period of one year and six months to thirty years;

2. Where the result of death occurs due to violence crime committed during the period of application of the sentencing criteria (determination of types): Reduction elements: Imprisonment with prison labor for one year and six months or three years from the mitigated area of punishment (determination of the recommended area).

3. The fact that the defendant in the decision of sentencing appears to have committed the instant crime in a somewhat contingent and contingent manner while the defendant was committed with the victim, that the defendant repents his mistake, and that he does not want the punishment by mutual consent with the bereaved family members of the victim, is an element of sentencing favorable to the defendant.

However, this case.

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