From 2014, the Defendant had resided in 104 and 401, Incheon Bupyeong-gu, Incheon, Bupyeong-gu, 201 with the Defendant’s mother E (57 years of age) and the Defendant was living in 104 and 101, and there was a self-esteem against the victim on the ground that the ordinary child victim lives without any particular occupation and Does frequently demand money from Do, her mother demands alcohol against her family members, and assault or frequently have dispute with her family members due to the problem of money.

On February 4, 2015, the Defendant returned home at around 17:30 on February 4, 2015, and the victim was living together and living together with G, and the victim was aware that the victim was drinking alcohol against his family members, and the victim was living in the room without any specific care, and the victim was able to sound G, and the victim was able to do so, and the victim was able to look at the victim’s mother H, and the victim was able to do so.

그러던 중 피해자가 술에 취한 상태로 피고인의 방 안으로 들어오자, 피고인은 이에 화가 나 주먹으로 피해자의 얼굴을 1회 때리고, 몸을 잡아 들어 다리를 걸어 바닥에 넘어뜨리고, 넘어진 피해자의 팔 부분을 발로 걷어찼다.

As above, the Defendant assaulted the victim, and caused the victim to die due to the damage to the left two sides at around 05:24 on the following day.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Examination of the accused by the prosecution (two times);

1. A report on the result of autopsy and appraisal;

1. Investigation report (Attachment of documentary records - a autopsy report, a photo of a dead body, a photo of a dead body, a field photograph, etc.), a criminal investigation report (in the site), and a criminal investigation report (in the first autopsy opinion);

1. Application of Acts and subordinate statutes to the contents of text notes;

1. Articles 262, 260 (1), and 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.