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(영문) 의정부지방법원 고양지원 2015.10.23 2014고합207
폭행치사
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant is a person who has worked as an employee of the “D” entertainment tavern in the fifth floor of the C building at the time of strike.

On December 28, 2009, at around 04:30, the Defendant returned alcohol to F, who is a daily drinking of the victim E (the age of 33) at the above entertainment tavern, and then used the victim's face at one time by drinking in front of the calculation unit, on the ground that the victim was not calculated with about 80,000 won, and the victim was able to take the face of the victim by drinking in front of the calculation unit. On December 28, 2009, the Defendant continued to attract the victim to a corridor outside of the entertainment drinking house and carried the victim's dub with the dub, and carried the victim into the wall.

Afterward, the defendant added the victim to the window located at the end of the corridor, and caused the victim to die at the scene of multiple prolonged damage, by making the locking device, which was fixing the windows and windows, while intending to dance the victim's body to the window by cutting the 50cc-meter radius from the front door of the victim's body and then falling off the cement reported with about 15 meters below the victim's body, while the victim was trying to escape.

This resulted in the death of the victim by assaulting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Partial statement of a witness I;

1. Each police statement made to J, K, and F;

1. Each verification report, each investigation report (the search for shots, investigation, etc., the consultation and hearing of private persons), notification of the results of statement analysis, and the list of cases reported, 112;

1. Application of Acts and subordinate statutes governing the adjustment of death reports, autopsy and appraisal reports, the scene of the case, the photographs of victims, the accused, and the details of I currency;

1. Determination as to the assertion of the defendant and his/her defense counsel under Articles 262, 260(1), and 259(1) of the Criminal Act concerning criminal facts

1. The summary of the assertion is that the Defendant assaulted the victim one to two times in the middle of the entertainment tavern, as in the facts charged.

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