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(영문) 수원지방법원 안산지원 2014.10.08 2014고합223
폭행치사
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 22, 2014, at around 22:30, the Defendant assaulted the victim on the ground that the victim C(s) was in a de facto marital relationship with him(s) and was in an Ansan-si D, 102, and the victim frequently gambling and embling with the victim on the ground that the victim was in a multi-faced and gambling with the victim, the victim was able to do so. On June 22, 2014, the Defendant assaulted the victim by assaulting the victim on three occasions, taking the buck of the victim, taking the shoulder part, and following the victim’s shoulder back, and caused the victim’s death from a prop set-off transfusion at a hospital located in the limit of 103 as the front side square of the Sinsan-si, Ansan-si, the 26th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. A death diagnosis report and an autopsy appraisal report;

4. Relevant Article 262, 260 (1) or 259 (1) of the Criminal Act concerning facts constituting an offense subject to applicable Acts and subordinate statutes of each photograph: Reasons for sentencing.

1. The scope of applicable sentences: Imprisonment for not less than three years nor more than thirty years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: violent crime group - Assault crime - Type 3 (where death results have occurred);

(b) A special breeder: No person;

(c) Scope of recommendations: Imprisonment for two years to four years (basic areas); and

(d) The range of recommendations that are modified according to the range of applicable sentences: Three years to four years.

3. In this case, the sentence of sentence is determined: (a) the Defendant committed an assault to the body of a victim in a de facto marital relationship and resulting in death; and (b) the nature of the offense and the criminal administration are not considerably good in that the Defendant brought about the life of a person as long as he cannot change what is the case.

Because of this, it seems that the bereaved family members of the victim were suffering from a huge mental shock and suffering.

Nevertheless, the defendant is still not receiving a letter from the bereaved family members of the victim.

Furthermore, the defendant has been under suspension of the execution as a crime of injury by continuation even before.

In light of these points, it cannot be said that the criminal liability of the defendant is very heavy.

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