A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The defendant and the victim B(19) are between middle school alumni-gu.

From August 17, 2018, the Defendant, from around 23:00 on August 23:0, 2018, came to drink with the victim and other friendships in the “D” house in the Ethical City C, and came to return home with the victim under the influence of alcohol to get home.

At around 02:50 on August 18, 2018, the Defendant, on the ground that the Defendant did not comply with the Defendant’s promise from the front corridor of the E Apartment F’s house, and on the ground that he did not comply with the Defendant’s promise, he went to the floor by drinking the victim’s face at one time on the ground that he did not come. On the other hand, the Defendant continued to walk the victim’s face twice due to the outbreak, thereby causing injury to the victim, such as the thring of the mouth and the injecting of the mouth.

As a result, the Defendant caused the death of the victim who was receiving emergency treatment at H hospitals located in G in the same day in 04:30 on the same day and caused the death by shock by strong external force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. A death diagnosis report, report on the results of investigation by a deceased person, and a autopsy appraisal report;

1. All CCTV images, on-site photographs, and CCTV images recorded CDs;

1. Application of Acts and subordinate statutes concerning the report of investigation;

1. As to the assertion of the Defendant and his/her defense counsel regarding the crime of this case under Article 259(1) of the Criminal Act, the Defendant was under the influence of alcohol to discern things or make decisions, and thus, had weak ability to discern things or make decisions.

The argument is asserted.

In light of the evidence duly adopted and examined by the court of this case, the defendant is deemed to have served alcohol at the time of the crime of this case, but comprehensively taking account of all the circumstances such as the background and method of the crime of this case, the defendant's act before and after the crime of this case, and the form of the defendant at the time of the closed circuit television (CCTV), the defendant has the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.