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(영문) 수원지방법원 안양지원 2016.01.22 2015고합127

상해치사등

Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

The defendant of "2015 Gohap 127" is the kind of a victim C(43).

On September 5, 2015, the Defendant: (a) around 01:00, while drinking alcohol together with the Defendant’s house D, B102, E, F, etc., the victim and his son, and the Defendant: (b) caused disturbance to the victim, such as harming the victim by drinking the brush and destroying the things in the room; (c) caused the victim’s face, distribution part, etc. due to drinking and b) caused injury to the victim, and caused the victim to die with damage to the part of the mouth (the part of the b) around 07:30 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Statement made by the prosecution or police with respect to F;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a criminal investigation report (as to the results of autopsy between the State and the competent authority), and a written appraisal of autopsy;

1. The Defendant asserts that, under the influence of alcohol at the time of the instant crime, the Defendant was unable to memory the Defendant and his defense counsel’s assertion on the crime of this case, however, the Defendant was only at two times, and there was no price of the Victim’s times, and that the Defendant was dead when her body was cut off in the drunken and her body.

In the investigative agency, the witness F stated that “the Defendant and the victim f was frighten, frightened, frightened, frightened, frightened, frightened, frightened, frightened out of their body, and frightened,” and the witness H, who was living in adjoining areas, stated that “I reported frighten and frightened by a sound softening soften that I would die in our society,” and that “I called frighten and frighten, I would sufficiently recognize the fact that there was a fighting between the Defendant and the victim who was frightd.”

In addition, according to the autopsy report on the victim, the victim's eyebrows can be seen as having teared condition, and the head.

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