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(영문) 창원지방법원 통영지원 2017.11.16 2017고합57
폭행치사
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 1, 2017, the Defendant had been working for the D convenience store located in C at around 03:20 on June 1, 2017, and the Defendant had been working for the D convenience store.

E The victim F(44) of the victim F(P) who was a single customer, was "I do not work for NE," and the victim was franchising, and the victim was fluoring himself/herself in his/her arms, and the victim's face was tightly taken once by drinking, and the head was faced with the floor on June 2, 2017, and the head was faced with the victim's face at the top of the victim's face on the floor at the emergency room of the university hospital located in Jinju-nam-ro 79, Jinju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. On-site photographs, copies of the on-site photographs of the emergency room of the H hospital, certificates of medical records (on-site university hospital), physical list at the scene of a change, photographs of autopsy, death certificates, and response to requests for appraisal;

1. Each internal investigation report (attached to the 112 Report List, and attaching a record paper of diagnosis and treatment at H hospital);

1. Application of Acts and subordinate statutes to each investigation report (in relation to the site conditions, etc., attachment of emergency rescue activities log prepared by 119 emergency rescue workers dispatched to the site);

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

1. The scope of punishment by law: Three to thirty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] and the scope of the recommended punishment [the scope of the recommended punishment] consisting of the three types (where the result of death occurs) (the determination of the recommended punishment and the scope of the recommended punishment], the basic area of the recommended punishment, two years to four years [the scope of the corrected punishment], three years from three years to four years (the minimum limit of the recommended punishment is higher than the minimum limit of the recommended punishment under the law, and the applicable sentencing range is set at the lowest limit of the recommended punishment).

3. The crime of this case in which a sentence of sentence is to be pronounced was committed by the defendant when the defendant taken the face of the victim by drinking in the process of trial with the victim, which led to the death of the victim, and the victim was faced with head on the floor while the victim goes beyond the victim and eventually led to the death of the victim.

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