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(영문) 수원지방법원 2015.05.14 2014고합669
폭행치사
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On January 28, 2014, the Defendant: (a) around 23:45, the Defendant was under the Goi-gu Soung-gu, Young-gu C with the victim E (54 years of age); (b) while drinking alcohol with the victim E (54 years of age), the victim took a bath; and (c) on the ground that the victim calculated the drinking value and carried the Defendant’s vehicle in hand, the victim took a part of the victim’s chest and carried the Defendant’s vehicle in hand, and was assaulted to the end on the part of the asphalt-gu.

On March 25, 2014, the Defendant: (a) caused the victim to have his/her haird and to have his/her haird, thereby causing the death of the victim who was receiving treatment in G convalescent Hospital F in Suwon-si, Suwon-si on March 25, 2014; (b) caused the death of the victim who was receiving treatment in G convalescent Hospital F.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of the witness H, I and J;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

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

1. Written opinions, death medical certificates, meetings of request for cooperation in business, copies of 119 first-aid land, autopsy and appraisal certificates, and copies of medical records;

1. On-site photographs, victim photographs, dead photographs, and re-suplicating the on-site conditions at the time of the incident (excluding the bottom of the photographs);

1. A CD or record of the contents of conversation;

1. Determination as to the assertion by the defendant and his defense counsel as to the investigation report (Evidence Nos. 1, 4, 10, 11, 12, 16, 18, 20, 23, 25, 27, 29, 32)

1. Summary of the assertion

A. The Defendant did not tightly cut down the victim’s chest, and she was flicked around the surrounding floor at the time when the crime was committed. As such, the Defendant attempted to flick the Defendant, while intending to flick the victim’s chest.

B. Even if the defendant was pushed the victim, it was not easy to expect that the victim would be satisfed with two sides of the body because the defendant was not the victim, and thus, it could not be predicted that the victim would be satisfed.

In addition, the victim was in the past head surgery, and the victim was two.

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