beta
(영문) 서울남부지방법원 2017.03.24 2017고합43

살인미수

Text

A defendant shall be punished by imprisonment for five years.

One (No. 1), one knife (No. 2), one knife (No. 2), and one knife (No. . 1) seized blue tape.

Reasons

Punishment of the crime

From around 192, the Defendant entered into a de facto marital relationship with the victim C (V, 53 years of age) from around 1992, and is the spouse of the victim who completed the report of marriage at the end of 2015.

Around January 9, 2017, the victim who was assaulted by the Defendant sent out the victim, and the Defendant suspected that the president and the victim of the “D” restaurant that the victim works is in influenite relationship. On January 21, 2017, the victim sought the victim to the above restaurant located in Geumcheon-gu Seoul, Geumcheon-gu and 103 underground around January 21, 2017, and the victim was able to kill the victim by reporting the appearance of eating together with the above E.

around 23:50 on January 21, 2017, the Defendant put a knife (the length of 30cm, the knife length of 18cc, No. 2) and knife (the knife length of 75cm, the length of 17cc, the knife No. 3) at the Defendant’s house located in Geumcheon-gu Seoul Metropolitan Government, into the bank. On January 21, 2017, around 200:15, the Defendant found the knife as the above knife of the victim, found the knife as the knife of the victim, and led the victim to the outside of the above F building. However, the Defendant threatened the victim with the above knife as the victim refused to comply with the order of the victim, and threatened the victim “the knife increased by the knife.”

그러나 피해자가 반항하는 바람에 위 식칼을 떨어뜨려 손잡이가 부러지고 칼자루와 칼날로 분리되자, 피고인은 칼날을 들어 피해자의 목 부위에 대고 “ 죽여 버리겠다 ”라고 말한 후 왼손으로 피해자의 머리를 잡고 오른손에 쥔 칼날로 피해자의 뒷목 부위를 1회 힘껏 찌르고, 계속하여 위 도끼를 들고 피해자의 뒤통수 부위를 1회 내리쳤다.

The Defendant attempted to kill the victim as above. However, the Defendant attempted to kill the victim, while the H, who had observed the above crime, added the victim and prevented him from taking the victim, caused the victim from an injury, such as approximately 6 weeks of treatment, and did not bring the victim to an attempted murder.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A statement prepared by H;

1. Prosecutions;