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(영문) 인천지방법원 2013.04.19 2012고합1442

폭행치사

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On October 19, 2012, at around 21:26, the Defendant, within the parking lot for the “D Building in Nam-gu Incheon Metropolitan City,” and the victim E (the age of 36) brought about dispute with respect to the damage of the Defendant’s vehicle by generating the vehicle. The Defendant assaulted the victim by assaulting the victim on the part of the victim’s left back when the part inside the right side of the victim was taken one time due to the hinging of the hinging of the hings, leaving the part of the back side of the victim’s back to face on the floor. Accordingly, at around 19:30 of the same month, the Defendant abused the victim, resulting in the death of the brain training expenses at the “G University” Hospital affiliated with the “G University” Hospital located in Jung-gu Incheon Metropolitan City, Jung

Summary of Evidence

1. Each legal statement of the witness H and I;

1. A criminal investigation report (a report on the confirmation of the situation at the time of damage) and investigation report (a report on the phone call between the State and a prosecutor);

1. A written autopsy and appraisal;

1. Application of the statutes in Chapter IV, such as damaged vehicles and photographs of damaged parts, CCTV video images, etc.;

1. The summary of the argument on the argument of the defendant and his defense counsel as to the criminal facts under Articles 262, 260(1), and 259(1) of the Criminal Code of the relevant criminal facts, the defendant and his defense counsel asserted that, as the defendant withdraws the same behavior as that of the vehicle parked by the defendant at the time, the defendant was out of the body that the defendant was slow underground, and the victim was under the influence of alcohol and died.

Judgment

Therefore, according to the evidence examined above, in particular, the CCTV screen in which the crime of this case was recorded, it seems that the defendant at the time of this case shared conversations with the victim, facing the victim, and at the time of this case, prices the victim's face with the victim's own damage, and thereby, it can be recognized that the victim was behind the victim. As such, the defendant suffered a wide range of hair and safs, etc. as a result of the autopsy against the victim, and there is confirmation that the two copies and the inside part of the crime of this case became several external forces, it is not the nature that the victim's private person or the wife could be caused by assault, such as the facts charged.