A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

Punishment of the crime

At around 10:00 on May 9, 2013, the victim C (the 63-year-old) who is the defendant's prone of the defendant was under the influence of alcohol at the defendant's house located in D 1 of Yongsan-gu Seoul, Yongsan-gu, Seoul, "I will not enter the police's horse," and "I would like to hear the defendant's horse that "I will not make a false report to the police," and I would like to say that "I will see why I will come fin, why I will come fin, why I will come fin, why I will come fin,?" and I would like to sit on both the defendant's bridge that I would come.

The Defendant against this backdropd the victim’s hand in the process of spreading the victim’s hand by shaking the bridge, and the head of the victim’s head faced with the wall, followed by several times the victim’s face accumulated on the floor, and led the victim to an internal influence, spambing, and sponing the victim’s face. Accordingly, the victim died of cerebrovaspon around 04:30 on May 11, 2013.

The Defendant inflicted injury on the victim and caused the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A autopsy and appraisal report and a corpse autopsy report;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 259 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 259 (2) of the Election of Imprisonment;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following).

1. Extent of recommendations on the sentencing criteria: In the event that the result of death resulting from ordinary injury (special-speed persons) occurs during two years and six months to four years (the determination of a type) violence, factors of mitigation (special-speed persons) - in the event that the victim also has considerable responsibility for the occurrence of a crime or the expansion of damage, or where considerable damage has been recovered, factors of aggravation of punishment (including serious efforts to recover damage) or where considerable damage has been recovered, the victim (the decision of the recommended area) who continues to exist.