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(영문) 광주지방법원 장흥지원 2020.02.13 2019고단188
과실치사
Text

Defendant shall be punished by imprisonment without prison labor for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant and the victim B(the age of 32) were related with each other.

At around 00:01 on April 13, 2019, the defendant argued with the victim that the victim did not contact while drinking with the victim at the defendant's house located in Gangnam-gun C.

At this time, the victim saw the kitchen (30 cm in total length) of the kitchen in which the victim had been placed in the kitchen, and said that the knife had the defendant go toward the defendant, and the defendant said that the knife “I will complete the kitchen. I will complete the kitchen. I will die or will die.” The defendant said that the defendant, by a bad hand, took the kitchen knife from the victim so that the knife would have the victim take the kitchen knife toward the victim, and then said knife would not be much wrong.”

After that, in order for the victim to take the kitchen knife from the defendant again, the victim took the kitchen knife of the victim, and the defendant, who took the kitchen knife in the direction of the victim, could have sufficiently predicted that the knife would either knife or die the victim in the course of the ditch with the victim, so there was a duty of care to take measures such as preventing the knife from facing the victim or leaving the kitchen knife on the floor.

Nevertheless, the Defendant did not take such measures as above, and caused the death of the victim and the knife with the victim while the knife towards the victim, caused the victim's body by negligence, and caused the victim to a knife on the chest of the victim and caused the victim to a knife with the knife in the chest of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecution examination protocol of the accused;

1. Protocol of inspection;

1. One kitchen-car which has been seized, such as a report on internal death (Attachment of a death victim’s death written report), a report on internal death (Attachment of a detailed statement of handling a reported case), and a kitchen-car;

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