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(영문) 수원지방법원 여주지원 2013.10.31 2013고합46

살인미수

Text

A defendant shall be punished by imprisonment for four years.

No. 1, No. 139 of the tension of 2013 shall be the branch office of the Suwon District Prosecutors' Office that was seized.

Reasons

Punishment of the crime

As a ship of Chinese nationality, the defendant is a person who enters Korea on June 7, 2013 and works as a D employee in Gyeonggi-si, Gyeonggi-do, with the status of f2 residence after marriage with Korean nationality women. The victim E (the age of 40) is also a ship of Chinese nationality, the defendant's work partner, and the defendant is a person who lives together with the defendant in the company dormitory.

On June 27, 2013, around 23:45, the Defendant, within the dormitory of the company as above 5-101-dong 5-dong 101, the Defendant, while drinking together with the victim who is a company partner, provided a talk with the victim about the external third village of the Defendant working in the same company, had the victim talked with one another while engaging in a dispute, and had the Defendant fighting on his body.

In the process of physical fighting as above, when the defendant gets the head from the victim in a manner consistent with the latter several times, the defendant brought the kitchen knife (30cm in total length, 20cm in knife length) on the kitchen clock, brought the kitchen knife (20cm in total length, 30cm in knife length) of the victim who was in front of the inner door, and reached knife once.

As a result, the Defendant tried to kill the victim, but the victim was seriously injured by the unclaimed body of the victim (3 cm in length, 5 cm in depth) due to the number of days of treatment (3 cm in length, 5 cm in depth) and did not bring about an attempted crime but did not bring about the victim's escape.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Police suspect interrogation protocol regarding E;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 48(1)1 of the Criminal Act

1. The alleged defendant is head of a beer disease from the victim.