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(영문) 대구지방법원 2017.06.23 2017고합77
폭행치사
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is between the victim C (V, 56 years old) and the married couple.

On February 7, 2017, at the defendant's house located in Daegu Suwon-gu D around 17:00, the defendant stated that "If the victim who was diagnosed as a scambling and administered with a scambling and drinking alcohol enters the house, the defendant stated that "if the defendant want to drink more than one time to drink, she will not live in the house, she will do so."

Accordingly, the victim said, “Isrien, Isrien, Isrien, Isrien, Isn that Isrien, Isrien, Isn that Isrien, Isn that Isrien, Isrien, I am srien,” and sriened the Defendant’s chest with both hands.

As a result, the Defendant committed violence, such as breaking the victim's left face by breaking the victim's hand over and leaving the victim's chair on his computer gate, and breaking the victim's head into the front door on the computer gate.

On February 26, 2017, the Defendant received two open wounds from the victim, resulting in the death of the victim who was receiving medical treatment at the Yong-Namnam University Hospital located in Daegu-gu, Daegu-ro, 170, by causing the death of the victim due to the cerebral cerebral cerebral cerebral cerebral typ.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Protocol of seizure (No. 3 No. 500,000);

1. A death certificate;

1. A written request for appraisal (request for appraisal of genes and blood trace), a report on the results of field identification, a register of outpatients of outpatients, and a copy of a medical record at the Yong-Namnam University Hospital;

1. Application of 18 copies of photographed photographs of crime;

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 on the Defendant and defense counsel’s assertion under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection and Observation, etc.

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