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(영문) 서울남부지방법원 2016.05.12 2016고합73
폭행치사
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(29) are high school clubs.

At around 01:00 on November 16, 2015, the Defendant, while making a dispute with the victim in front of the entrance No. 4 in the subway No. 2, the subway No. 256 at the center of Yangcheon-gu Seoul, the center of Yangcheon-gu, Seoul, at the time of drinking one time the face of the victim.

The Defendant, who dumped the Defendant’s head by drinking the victim’s head, went beyond the floor by drinking the victim.

On December 17:33, 2015, the Defendant caused the death of the victim due to the depression of the traumad prop set aside while receiving medical treatment from the Egrative hospital affiliated with the university and from the Egrative hospital affiliated with the university, 1071, Yangcheon-gu, Yangcheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Video-recording materials;

1. The application of Acts and subordinate statutes to a death diagnosis report, autopsy report, and autopsy appraisal report;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;

2. Application of the sentencing criteria [the types of determination] used violent crimes [the case where the result of death has occurred] Class 3 (the case where a person subject to special sentencing] mitigated elements: Imprisonment with prison labor for not less than 1 year and 6 months but not more than 3 years in the mitigated area (the case where a decision in the recommended area is made] mitigated areas, or where considerable damage has been recovered.

2. Determination of sentence: Determination of sentence: One year and six months of suspension of execution by the defendant, which results in heavy results that it is impossible to see the death of the victim due to the act of the defendant, and the mental suffering that the bereaved family members of the victim have suffered due to the death of the victim is deemed to be serious, and thus, the

shall not be deemed to exist.

However, the defendant seems to have committed violence against the victim somewhat contingently.

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