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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
On July 15, 2016, at around 00:36, the Defendant discovered the Victim G(44 years of age) who was under influence of alcohol at the front of the parking lot of the building F of the Cheongju-si Office, and solicited the victim to return home by breaking the victim's scam, and rather, the victim was faced with a drinking face from the victim, which led the victim to go beyond the floor of the scam, so the victim was able to write the face of the scam and take the face of the scam on one occasion, making the victim use the scam on the floor, take the face of the scam, take the face of the scambling victim once a week, and sustained the victim's scambening scam, etc.
At around 11:40 on July 17, 2016, the victim died of the brain training expenses due to cerebrovascular in the Cheongju-si Hospital located in 173-19, the main text of the petition-gu, Cheongju-si.
Accordingly, the defendant injured the victim and caused the death of the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement of H;
1. Photographs photographs of witnesses, on-site photographs, black stuff images, black stuffs, CDs, and body postmortem photographs;
1. Medical certificates (Evidence No. 11), death diagnosis certificates, gene assessment certificates, autopsy appraisal certificates, and drilling certificates;
1. Application of Acts and subordinate statutes in three copies of a report on occurrence of a disaster and a statement of handling 12 reported cases;
1. Article 259 (1) of the Criminal Act applicable to the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing)
1. Summary of the assertion
A. Although the Defendant assaulted the victim, the victim did not use a deadly weapon, etc., and the victim did not use the victim's assault, but did not use the victim's assault, and the victim tried to H as a witness, and the victim only used the victim to protect the above H, and the victim's intent to inflict an injury.