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(영문) 서울중앙지방법원 2017.07.28 2017고합664
폭행치사
Text

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

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

Reasons

Punishment of the crime

On May 6, 2017, around 11:50, the Defendant: (a) on the street near the “D Park” located in Gwanak-gu in Seoul Special Metropolitan City, and (b) on the ground that there was a dispute between the victim E (8 Dose) and Sieverbation, and (c) caused the victim to be pushed down with the chair, and (d) caused the victim to face the head part on the floor.

Ultimately, the Defendant assaulted the victim as above and caused the victim to die in the “Seoul Metropolitan City Bola Hospital” located in 20-ro 5-gil, Dongjak-gu, Seoul, Seoul, and caused damage to the head’s body (e.g., the head’s bones emlle, the fladrosis, etc.) around 03:39 on May 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared in F;

1. Application of each investigation report (the counter investigation of the members of the 119 emergency medical service worker, the counter investigation of the victim's doctor in charge of the emergency medical service worker), the log of emergency medical service activities, and the written appraisal of autopsy;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of recommended punishment on the sentencing guidelines [the types of decisions] and the three types of violent crimes (where the result of death occurs) [the person subject to special sentencing] mitigation factors: Where the degree of assault is minor, the element of aggravation of punishment is minor: Victims vulnerable to the crime [the scope of recommended punishment] from one year and six months to three years (the area of mitigation); and

2. According to the sentence, the Defendant: (a) committed violence against the victim by having the victim of the elderly who is neighboring Nene who is in the same condition and who is in the old room; and (b) pushing the victim with his will; and (c) resulting in the death of the victim; and (d) reporting the blood transfusion on the part of the head of the victim, is more likely to be criticized in that the victim only moves the victim to another place without aiding the victim.

However, the degree of violence inflicted on the victim is not heavy, and it is above the suspension of execution.

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