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(영문) 창원지방법원 통영지원 2014.05.22 2014고합21
폭행치사
Text

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

Reasons

Punishment of the crime

On March 22, 2014, the Defendant: (a) around 04:10 on March 2, 2014, on the street in front of the C building, and (b) on the ground that under the influence of alcohol victim D (the age of 47) took a bath in front of the C building without any reason, and (c) caused the death of the victim due to the damage of the head from the site to the back. (d) When the inside part of the victim was taken one time due to drinking, the Defendant got the victim back to the rear, and caused the victim to face the rear parts on the road. (c) On the other hand, the Defendant continued to look back the throth of the lost victim and caused the body by cutting down the throth and cutting down the throth of the victim, resulting in the victim’s death. (d) By doing so, the victim caused the death of the brain parts due to the damage of head from the site to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Second written examination of suspect by prosecution;

1. Each police statement made to E, F, G, H, and I;

1. Investigation report (Attachment of photographs by cutting off the CCTV images in front of the scene of the incident, attaching photographs to a taxi box image, and attaching a copy of a fire station's first-aid services report);

1. A written autopsy report, a written examination and treatment record of victims, and a written autopsy and appraisal report;

1. Application of Acts and subordinate statutes governing body photographs;

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

1. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The summary of the argument is that the defendant has the victim take care of the face of the victim by drinking, and caused the death of the victim by taking the victim into the road floor, thereby recognizing the liability for the death of the victim.

However, the defendant did not "brucking the body of the victim who has lost his consciousness by causing the body of the victim who has lost his consciousness, and then to expand it to the floor again," but only was shaking the victim who has lost his consciousness.

2. According to the evidence as seen earlier, ① a witness took the victim’s hand in which the defendant was written, and left the victim’s hand against him/her.

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