(영문) 서울남부지방법원 2013.04.25 2013고합35

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(영문) 서울남부지방법원 2013.04.25 2013고합35

폭행치사

Text

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

Reasons

Punishment of the crime

On January 15, 2013, around 03:22, the Defendant: (a) sought from the victim D (the aged 50) who is an elderly person, that “I am a cigarette to am abdo; (b) I am absing the victim’s chest, I am absing the victim’s chest, and am absing the victim’s chest with the victim’s chest on the floor.” (c) On January 15, 2013, the Defendant saw that I am absing the victim and am absing the victim’s chest with the victim’s chest. (d) On the floor, I am absing the victim’s chest.

At around 04:40 of that day, the victim died from the outbreak of heart disease in the emergency room of the F Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government E.

Accordingly, the defendant committed violence against the victim, resulting in the death of the victim.

Summary of Evidence

1. Statement in court to the effect that there is a fact that the injured party's chest was pushed down at the time and place stated in the judgment of the accused;

1. Among the second interrogation protocol of the accused against the accused, the statement to the effect that the accused, at the time and place indicated in the ruling, was unfolded so far as there was no victim, and that the back head of the victim was faced with the floor, and that the victim was made a great sound;

1. Each police statement of G (1, 2 times);

1. Report on the occurrence of a disaster, report on the results of field identification, investigation report ( analysis of autopsy dogs and CCTV image data);

1. A death certificate or a copy of medical record;

1. 19 emergency medical services day, investigative cooperation session, and victim's autopsy and appraisal report;

1. The Defendant asserts to the effect that there is no causal relationship and predictability between the Defendant’s act of assault and the result of the victim’s death, since the death of the victim due to the outbreak of cardiopulmonary disease was the heart disease where the victim was suffering from the usual disease.

According to the above evidence and the statement of the police's statement with H, according to each of the evidence submitted by the defendant, the victim was examined before September 29, 2008.

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