Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of five years, respectively.

Punishment of the crime

The Defendants are the relatives of the Dong-gu in high school.

At around 03:00 on May 23, 2015, the Defendants: (a) reported that the victim J (40 years of age) was driven by the parts of the body of Defendant B, without any reason, while under the influence of alcohol, and (b) led the victim who was seated on the floor, and (c) led the victim to a walked up on the floor, the left head part of the victim was cut up once, and (d) the Defendant B participated in it and took part in it, thereby cutting the victim into the floor, and continuously putting the part of the victim’s neck and the chest part of the victim who was enjoying on the floor.

As a result, the Defendants conspired in collusion with the victim to inflict bodily injury on the victim, such as spoke, cerebral floor bottom blood, etc., and thereby led to the death of the victim around May 27, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement of K and L;

1. A death diagnosis report and a written autopsy and appraisal report;

1. Application of the CD-related Acts and subordinate statutes to secure the entire amount of field CCTVs, photographs of the scene of the incident and the suspect's assault face pictures, suspect A, B violence face CDs (part)

1. Determination on the defendants and defense counsel's arguments under Articles 259 (1) and 30 of the Criminal Act concerning criminal facts

1. Defendants’ invitation and denial of causation

A. Although the alleged Defendants committed assault against the victim as stated in the facts of the crime, the Defendants did not have the intent to jointly commit the act of injury to the victim, and thus, the conspiracy is not recognized. Moreover, the Defendants did not have the predictability of the outcome of the victim’s death. Therefore, the causal link between the Defendants’ act and the death of the victim cannot be acknowledged.

B. (1) The co-principal of the crime of bodily injury, which is a result of the relevant legal doctrine, is established when he/she wishes to jointly engage in violence or other bodily injury.