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(영문) 수원지방법원 2016.03.11 2016고합40

상해치사

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

At around 01:47 January 17, 2016, the Defendant opened a door on the first floor of the “G singing room” building F in Suwon-si, Suwon-si, and had the victim H (26 years old) who was previously in front of it, brought in a dispute with the victim. The Defendant took part in the victim’s face by hand once as drinking by the victim, and caused the victim’s knife the victim’s knife who was faced with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife

On January 26, 2016, the Defendant caused the death of a victim who was receiving medical treatment at a university hospital in the Asia-si, Youngwon-si, Youngwon-si, Youngwon-si, 164.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to I;

1. A investigation report (as regards CCTV images) and CCTV images;

1. Investigative reports (in relation to the scene of occurrence) and accompanying materials;

1. A death diagnosis certificate or a victim's photograph;

1. Application of CCTV image (in front of toilets and the first floor stairs of a building)-related Acts and subordinate statutes;

1. The defendant and his defense counsel asserted on the assertion of the defendant and his defense counsel under Article 259 (1) of the Criminal Act regarding criminal facts. The defendant and his defense counsel asserted that the crime of bodily injury should be applied not only to the crime of bodily injury but also to the crime of bodily injury, since they were only to have committed assault at the time of committing the crime.

However, according to the evidence duly examined by this court, it can be acknowledged that the defendant, according to the victim's body of face and the defendant's body of face are strong, and the defendant and the victim were cut down to the neck and the victim suffered double pelle, and the victim was cut off to the two pelle, and the stairs were 45 degrees slope, about 5 degrees in length, and about 5.2 meters in length. In light of the above developments and the structure of the crime, violence was committed at the time when the defendant used violence.