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(영문) 대구지방법원 서부지원 2013.03.14 2013고합15
폭행치사
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On August 31, 2012, at around 21:30, the Defendant, at the Defendant’s home located in Daegu-gun Co., Ltd., 206 (hereinafter “Seoul-gun”) of the Defendant’s building 206, entered the bar of the Defendant with the victim D (the age of 52), who was living together. After continuing to drink, the Defendant, from the victim who continued to drink, was dissatisfied with the victim who was spacing with the spacing with the spacing with the spacing with the spacing with the spacing with the spacing.

At around 22:00 on the same day, the Defendant used the victim’s face by using buckbucks as soon as possible from the victim who did not drink in the above place, and used the victim’s humbbbbbbbs in turn over the floor, and used the victim’s humbbbbbs in hand.

On September 13, 2012, the victim died from the cerebral cerebral cerebral cerebral cerebral Ma while receiving treatment at the F Hospital located in Daegu-gu, Daegu-gu.

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 of G and H;

1. Protocol of inspection;

1. Each investigation report (the counter investigation of the 119 first responder, the investigation of the date and time of report to a fire station, the attachment of a copy of medical record, the investigation of the doctor's counterpart, the attachment of CCTV photographs, the attachment of CCTV photographs, the International telephone statement by the autopsy doctor, the counter investigation of the K counterpart investigation by the doctor of the J Hospital, the counter investigation by the pactian outside of the F Hospital and the surgery doctor, the counter investigation by the pact and the doctor outside the F Hospital), and the site inspection place;

1. Application of Acts and subordinate statutes to each photograph, death certificate, body autopsy report, and copy of a diagnosis 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 (hereinafter referred to as the following grounds for sentencing)

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

2. The scope of recommendations according to the sentencing criteria (decision of type), violent crime group, assault crime, and crime; and

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