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(영문) 의정부지방법원 2016.01.27 2015고합245

상해치사

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On July 29, 2015, the Defendant: (a) around 05:00, at around 05:00, the victim E (n, 51 years of age) and the victim under drinking alcohol within 108 Dong apartment houses 108:2; (b) on the ground that the victim under drinking alcohol, the victim’s face part is 2 times; (c) the victim’s head was blicked on two occasions; (d) the victim’s head was flicked on the wall; (e) the victim’s head was flicked on the wall; (e) the victim’s head was flicked on the floor; and (e) the victim’s head was flicked on the wall; (e) the victim’s left part of the victim’s body flicked on one occasion, and led the victim to the victim’s death at one time, such as acute fluring, and (e) the victim’s death to 20:10 days before the date.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to site photographs, each investigation report, 112 report on the processing of the reported case, report on occurrence of the case, body autopsy, report on the occurrence of a change in the body, report on the occurrence of a change in the body, written inquiry of the fact by the National Institute of Scientific Investigation and Research, and written inquiry

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 259(1) of the Criminal Act regarding criminal facts

1. Summary of the assertion

A. The Defendant, while under the influence of alcohol, she was under the influence of alcohol, committed “the victim who was unable to take the body by drinking, she only skeed the body of the victim when she was frightened by she was frightening the body of the victim when she was frightened. In that process, the victim was killed by shocking the head at the time of committing the crime, and the Defendant did not have the intent to inflict injury on the victim at the time of committing the crime, and there is no possibility for the death (in particular, as stated in the facts charged, the Defendant did not “the victim’s head and frightened two times on the wall”). (b) The Defendant was under the influence of alcohol at the time of committing the crime.