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(영문) 의정부지방법원 2015.09.10 2015고합108

상해치사

Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

From around 13:00 to around 16:00 on September 20, 2014, the Defendant: (a) from around 13:00 to around 16:00, at the bottom of the victim D (the age of 45) located in Gyeonggicheon-gun C Apartment 2 and 103; (b) at around September 19, 2014, at the time of using at will the cash of KRW 20,000,000, left to the victim and left to the right of the victim; (c) at around 3.5 cm in width and about 3.3 cm in length from around 13:00 on the same day to around 08:00 on September 21, 2014, the Defendant caused the death of the victim due to excessive blood transfusion from the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Records of seizure, records of seizure and the respective list of seizure;

1. Each written request for appraisal, each written appraisal;

1. Answers with the results of fingerprint appraisal at each criminal scene;

1. Requests for legal advice and reply;

1. Photographs of the discovery place, such as suspect photographs, sets, etc., on-site photographs, bedclothes photographs, clothes worn by the suspect, tampers, and other photographs, such as photographs, tampers, and mats;

1. Application of statutes governing field video CDs;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 259 (1) of the Criminal Code of the relevant criminal facts

1. The main point of the argument is that the defendant did not inflict an injury on the victim, and the victim went beyond the married one.

2. The judgment is based on the following circumstances acknowledged by the evidence duly adopted and investigated by this court: (i) the Defendant stated that he was injured by the head at the time when the Defendant was faced with the victim's frightion while the victim was faced with him; (ii) while the frightion formed at the victim's frightion is an open nature damaged in the form near the g right angle, the degree of such damage is highly likely to have been formed by a short period of time, such as the Defendant's statement, and it is difficult to view that the head was damaged by the victim's frightion at the time of contact; and (iii) the Defendant came beyond TV direction.