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(영문) 청주지방법원 충주지원 2016.08.11 2016고합1
폭행치사
Text

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2014, around 16:00, the Defendant d (62 h) under the influence of alcohol at C community center in Chungcheong-si, the Defendant d (62 h) said the Defendant’s wife d (62 h) to take a bath and verbal abuse, and caused the victim’s head head to be faced with the floor by pushing the victim’s shoulder by hand.

Accordingly, the Defendant assaulted the victim on January 7, 2015, resulting in the victim's death by causing the victim to do so, such as humconsis from credit in the National University Chungcheong Hospital located in 82 as the Haak-si, Chungcheongnam-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's statement protocol concerning E and F;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to the law, medical appraisal and death report;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 62-2(1) of the Criminal Code of the Social Service Order

1. The summary of the argument is that the victim was faced with head on the ground floor while the victim was pushed ahead of the victim as stated in the facts charged. However, the victim was able to have suffered influence on the death of the victim due to his/her own salking, which caused the victim's salking that salkings on the container or that salkings on the container, and there was no causal relation between the defendant's act of assault and the death of the victim, and the defendant could not have predicted the death

2. Determination

A. In full view of the evidence duly admitted by this Court as to whether a person is in a causal relationship, it is sufficiently recognized that the following circumstances are the causal relationship between the defendant's injury and the victim's death.

① In other words, a private person is stated in the death diagnosis report for the victim as a multi-long-term side (the cause is inter-compactization), but the legal appraiser is a medical expert.

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