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(영문) 의정부지방법원 고양지원 2015.07.24 2015고합14

살인등

Text

A defendant shall be punished by imprisonment for ten years.

The request for the attachment order of this case is dismissed.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to E by the police;

1. A survey report on the actual condition, a survey report on the status of investigation, and a report on each investigation (a primary opinion of the autopsy, and a long-term search for examination);

1. A autopsy report, a request for provision of 119 first-aid services and first-aid services, a autopsy and appraisal report, and a reply letter with each appraisal request;

1. Application of Acts and subordinate statutes to record on-site appearance photographs, death resulting from violence, etc.;

1. Determination of the relevant Article of the Criminal Act and Article 250(1) of the Criminal Act regarding criminal facts and the assertion of the defendant and his/her defense counsel

1. The gist of the assertion is that the Defendant had taken two or three times the victim’s her son at the time when he/she was dead, but it is difficult to deem that the victim died, and there was no intention to commit murder against the Defendant at the time.

2. Determination

A. In full view of the evidence and the following circumstances acknowledged by the court’s inquiry and reply to the fact-finding on the National Health Insurance Corporation, it is reasonable to view that the victim died of bodily injury caused by the Defendant’s assault and assault on several occasions. Therefore, the above assertion by the Defendant and the defense counsel that the victim was not dead by the Defendant’s assault and assault.

1) According to the autopsy report, D reported the instant case to the police: (a) obtained a telephone from the victim to the effect that “the Defendant is frighten and frighten; (b) frighten fright; (c) frighten fright; and (d) frighten frighten; and (c) frighten frighten frighten frighten frighten frighten; and (d) when arriving at the site, frighten frighten frighten frighten frighten frighten frighten, etc.; and (b) stated that the victim was unable to frighten frighten in the ward.