beta
(영문) 광주지방법원 2017.12.01 2017고합311

살인미수

Text

A defendant shall be punished by imprisonment for five years.

excessive one percent (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The defendant is a Chinese person and is married to a foreign country, and is residing in Korea since 2007.

Since the Defendant was unable to pay monthly rent at all while residing in the house of the victim F (34 tax) who was son E and the victim F (34 tax) who was her husband, the Defendant had a good appraisal on the ground that the Defendant did not have any contact with the Defendant and that the victim did not have any contact with the Defendant.

On July 18, 2017, the Defendant, while communicating with D, E, and the victim at the home of the Defendant, No. 101 of the G building, M, and M on July 21, 2017, tried to kill the victim, who was crypted, for property issues.

Therefore, the Defendant had excessive (15cm in length on the day, 1.5cm in width, 10cm in hand, 10cm in hand) at the place of receipt below the host of the Defendant’s place, and served with the victim who was in a ward and living room “hacker (packer)” on the right, etc. of the victim of the above over-road, the left side side of the road, and the left side part once, respectively.

Accordingly, the Defendant attempted to kill the victim as above, but did not have the intent to do so, but did not have to do so to the wind of the D and E, and did so to inflict and attempted bodily injury on both sides of the external blood sponse, the right side of the crossing, the right side of the flick, the right side of the flick, the right side of the flick, the right side of the flick, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses D and F;

1. Application of Acts and subordinate statutes to certificates of diagnosis, medical records and certificates;

1. Article 254 and Article 250 (1) of the Criminal Act concerning the facts constituting an offense (or choice of imprisonment with labor for a fixed term);

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Code of Confiscation

1. There was no intention for the alleged defendant to murder the victim;

2. The criminal intent in the judgment of murder is to be recognized as having the intention of murdering or of planned murder.