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(영문) 수원지방법원 2013.04.05 2013고합28

살인미수

Text

A defendant shall be punished by imprisonment for five years.

The excessive one kitchen (No. 1) and one kitchen (No. 2) that has been seized shall be confiscated, respectively.

Reasons

Punishment of the crime

Around December 7, 2012, the Defendant argued with C, who was living together for about two years, and C was paid at the home of the victim D (25 years old) to be frighted.

Since then, C has returned to the defendant's house, but it was not returned from E, and thus, it became disputed with the victim. During that process, the defendant was forced to hear insulting remarks from the victim and forced E to do so, and the victim was dissatisfied with the victim's complaint.

On January 5, 2013, the Defendant: (a) purchased excessive one met (25 cm in total length, 11.5 cm in blade) from Gmatet in F in Suwon-si, Suwon-si; (b) placed the victim in the main machine, which was suffering from excessive one meta (25 cm in total length, 11.5 cm in length). On the same day, at around 21:15, the Defendant had a dispute over the victim’s house in Suwon-si, Suwon-si, Suwon-si, H501 for the said reason; (c) while the victim tried to kill the victim and murder the victim for the said reason, the Defendant tried to kill the victim three times in part, such as one time, and three times in part, which the victim prepared in advance, with the victim's mind that he would have come into the Defendant. However, the Defendant did not get out of the floor and did not have the intent to injure the victim, and the Defendant did not do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement made to D or I;

1. Each written statement of J and E;

1. Medical certificates, medical records, and images of medical records;

1. Records of seizure, photographs of seized articles, and photographs of victims;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (on-site CCTV screen images, etc.), investigation reports (in-house counter investigation of witnesses), investigation reports (in-house counter investigation of doctors of the K Hospital), and investigation reports;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Article 53 of the Criminal Act for discretionary mitigation.