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(영문) 대전지방법원 공주지원 2017.02.15 2016고합40
폭행치사
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

Around 02:00 on October 9, 2016, the Defendant expressed the victim D (55 ) who was in official state C with the victim, E, and F, and bucked with the victim, she was under the influence of alcohol, and she was frighted to her own fright, and she was frighted to her face of the victim 3 to 4 times by hand, and the victim she was hicked with the victim’s head part one time with the victim’s head part, and she was frighted with the victim’s head part, the victim’s bucks, the bucks, the breast part of the victim’s head fright over the room, and the bucks, the fucks, the chest part of the victim who continued to go beyond the buck, etc. on several occasions.

Around 09:00 on the same day, Defendant 1 committed assault to the victim by the foregoing method, resulting in the death of the victim due to the fluoral stroke in the face of the fluoral lebrode of the fluor.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

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

1. Correspondence to a request for appraisal;

1. Trust list at the place of emergency medical services activities and at the scene of change;

1. Application of statutes on site photographs;

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

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds), 55(1)3 of the Act on Reduction of Small Quantity, the Defendant and his/her defense counsel’s assertion were found to have taken place in his/her hand, but the Defendant asserts that there was no fact that he/she had expressed the victim’s desire to do so as stated in the judgment, and that he/she did not take part in it.

In light of the following circumstances acknowledged by the above evidence, the above argument is rejected, since it is recognized that the defendant takes the victim's desire as stated in the facts constituting the crime in the judgment of the court and takes the following steps.

(1) A witness F, who is an investigative agency, shall take three to four times on the chest of a victim, and the defendant shall take a bath when drinking.

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