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(영문) 수원지방법원 평택지원 2016.09.09 2016고합86

살인미수등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, with the trade name of "D" in Ansan-si, is a victim F (59 years old) who lives in E and a neighbor, who is a person operating the Chinese house, and there was frequently dispute with the victim due to the land boundary problem.

On July 23, 2016, the Defendant, at around 17:45, 2016, told “D” and the victim’s house boundary, and did not look at it, and, under the influence of alcohol, was sleeped of the victim’s breath while under the influence of alcohol. The Defendant complained of the victim’s breath, reported to the police, which was processed as the assault case.

Therefore, while under the influence of alcohol, the Defendant saw that he was able to kill the victim rapidly and used at the Defendant’s restaurant (9cm in length and 19.5cm in total length). From around 19:30 on the same day, the Defendant intrudes on the victim’s house through the front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and the victim was able to kill, her knife the above knife with two knife, the left part of the victim’s chest, and her knife knife with the victim’s upper part, and her knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Seizure records;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles of the Criminal Act and Articles 254 and 250 of the Criminal Act concerning criminal facts.