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(영문) 부산지방법원 2013.07.05 2012고합782
상해치사
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a space between the victim C (n, 55 years of age) and the defendant living together.

At around 01:00 on March 17, 2012, the defendant and the victim living together with the defendant and the victim living together, and the victim drinked and delayed drinking, making the victim die of the victim due to the luxic lux in blue plastic paper once the left-hand head of the victim's back, and the victim died of the victim's internal part, the right-hand side, etc. in a luxous manner.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of a witness F in the second protocol of the trial, and statement of a witness G in the third protocol of the trial;

1. Some police officers and the suspect interrogation protocol of the accused;

1. Each police statement of the F, H, I, and G;

1. A written autopsy report, a written request for appraisal (DNA, evidence records No. 224 pages), and a written request for appraisal;

1. On-site inspection site, and each investigation report (the details of 119 currency, medical records of sick and medical clinics, and situation of 119 mobilization, etc.);

1. Responses to requests for cooperation with each investigation;

1. Application of statutes on site photographs;

1. Determination as to the assertion of the accused and the defense counsel under Article 259(1) of the Criminal Code of the relevant criminal facts

1. The summary of the argument is that the defendant only took time to make the part of the victim's body or the center of his body one time with blue plastics, and there was no fact that the victim's body or the right body was taken by the victim's inner body or by influoral methods, and the cause of the victim's death was not specified as a result of autopsy, and there was no causation between the defendant's assault against the victim and the result of his death, and there was no possibility of the death at the time of assault.

2. Determination

A. The following facts are acknowledged according to the evidence of the facts admitted.

1. On March 16, 2012, the Defendant, who returned home on March 16, 2012, takes a bath to report the breath of the victim under the influence of alcohol.

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