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(영문) 광주지방법원 순천지원 2017.07.27 2017고합71
폭행치사
Text

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

Reasons

Punishment of the crime

From October 31, 2014, the Defendant became aware of the victim D (year 49) hospitalized at the same hospital for the treatment of alcohol addiction around 2015, while hospitalized at the “C hospital” located in the Southern-gun, Nam, which became aware of the victim’s denial, who was hospitalized at the same hospital in around 2016 for the treatment of alcohol addiction.

The Defendant, from around 03:00 on March 3, 2017 to around 06:57 on the same day, is under the influence of alcohol, and the Defendant has been under the influence of alcohol due to hearing sound from the time he was divingd at a small room of the victim of the F apartment building at the same time.

Recognizing that “the above E” was satisfyed, it was satisfyed with both arms following the victim’s et al., and satched.

The victim is intending to die or die.

“In the event of drinking, the Defendant, while taking the face and head of the Defendant’s hair, had the victim use the face and body of the victim on the floor by making the victim take the face and body of the victim in a prudent manner.

Accordingly, the Defendant assaulted the victim, and caused the death of the victim due to the flachidation of the flachio by the flachio by the flachio.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution and the police;

1. Statement Nos. 3 and 4 made by the police for E;

1. Reporting on the 112 reported case handling list and the results of investigation of changed persons;

1. A corpse death certificate and a autopsy report;

1. Application of Acts and subordinate statutes to photographs by recording on the scene of a change of a disaster, or by capturing CCTV images;

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

1. Determination as to the defendant and his defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Amount and Reduction of Quantity

1. The essential point of the argument is that the defendant's assaults the victim is an act to defend the victim's wife and the defendant's unjust infringement, which constitutes a legitimate defense;

Even if so, the extent is.

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