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(영문) 서울남부지방법원 2019.03.18 2018고합455

살인미수

Text

A defendant shall be punished by imprisonment for three years.

A seized kitchen (No. 1) shall be confiscated.

Reasons

Punishment of the crime

Based on facts acknowledged by the pleadings and records of this case, the facts charged were partially revised to the extent that the defendant's right of defense is not infringed.

[Criminal Power] On October 1, 2015, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) at the Seoul Southern District Court, and the period of parole was passed on June 30, 2016 and August 8, 2016.

【Criminal Facts】

around 02:00 on September 9, 2018, the Defendant was under the influence of alcohol in the Defendant’s residence of Yangcheon-gu Seoul Yangcheon-gu Seoul Mur C, and received a claim from the Victim E (ma, 36 years of age) (ma, 36 years of age) who resides next to the Defendant’s residence.

The Defendant told the victim that “the noise from the upper floor is flick and flicking, not flicking, and flicking. Then, the Defendant flicked the victim, and flicked that “the Defendant flick and flick, flick, knick, knick, and knick.” The Defendant flicked that “the Defendant flick and flick, flick, knick, and flick.”

Since then, the defendant thought that the victim has continuously caused noise, such as causing the wall walls of the defendant in his residence, and that the defendant has a strong trial fee, and the defendant has expressed a view to knifeing the victim with a knife and threatening to find the victim.

피고인은 2018. 9. 11. 04:10경 알코올성 정신병적장애 등으로 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서 식칼(총 길이 30cm, 칼날 길이 20cm)을 들고 위 고시텔 D호에 있는 피해자의 주거지를 찾아가 피해자에게 “왜 쿵쿵거리냐” 라고 말하고, 피해자는 “쿵쿵댄 적 없다”고 말하며 피고인을 위 D호 방문 앞 복도 쪽으로 밀어내면서 저항하였다.

The defendant is able to separate himself from the victim.