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(영문) 부산지방법원 동부지원 2018.01.23 2017고합240
상해치사
Text

A defendant shall be punished by imprisonment for eight years.

One seized net value (No. 1), one knife and knife knife (No. 2), Paris bonds.

Reasons

Punishment of the crime

On October 7, 2017, at the defendant's house located in Busan Shipping Daegu C, the defendant Da (the 63 years of age), who was placed in the defendant's house located in Busan Shipping Daegu C (the 53 years of age), had a knife, knife, and knife, which was under the influence of alcohol, put the victim into a knife knife of the defendant's head, face, knife, knife, knife, knife, knife, knife, knife, knife, knife, etc., and the knife of the bridge.

From that time until 22:48, the Defendant caused the death of the victim with an external shock.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. A report on the investigation by police and the prosecution;

1. Police seizure records;

1. A report on the results of field identification and the results of a survey of the changed persons: On-site inspection;

1. A gene appraisal report and a reply to a request for appraisal;

1. A copy of an autopsy report and a written opinion on autopsy;

1. Requests for cooperation in business affairs (recording materials of 112 Reports), or requests for cooperation in business affairs (recording materials of 119 Reports);

1. One seized network value, one cooling house and one knife, and one Paris bond; and

1. Determination as to the defendant and defense counsel's assertion of each photograph, on-site inspection photograph

1. The summary of the argument is the fact that the defendant used the air conditioner, knife, Paris bond, etc. at the time when he was involved, but there is no time when he was involved.

2. In full view of the following circumstances acknowledged by the evidence adopted and examined by this Court, we can fully recognize the fact that the Defendant committed the victim with the view to committing the crime as indicated in the judgment.

Therefore, the defendant and defense counsel's above assertion is not accepted.

(1) In the body of a victim, etc., a hole has been found in the shape repeated between the upper part of the right shoulder and the upper part of both sides of the body, such as the body of the victim, and a hole containing a part of the source (No. 477, 494, 855 pages of the investigation record), and a relatively certain width in the right angle in the upper part of the body of the victim (a weak part).

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