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(영문) 대전지방법원 2016.09.23 2016고합277

살인미수

Text

A defendant shall be punished by imprisonment for five years.

Seizureed excessive (12 cm in length, 10 cm in knife) shall be confiscated (No. 1).

Reasons

Punishment of the crime

On July 20, 2016, at around 22:15, the Defendant: (a) tried to kill a victim by taking advantage of the victim’s left side, etc., even though the victim’s behaviors were defrising from D’s house near Daejeon-gu, Daejeon-gu, Daejeon-gu, by taking four parallels, including the victim E, with four influences; (b) the victim was bad, such as the victim’s horses, and was doing so; (c) and (d) the victim was doing so. In short, the Defendant attempted to kill a victim by taking advantage of the victim’s body, such as taking back 12cc in length and 10cc in length; (d) but the victim’s conduct did not immediately take part in the victim’s body, such as the victim’s left side, and went back to the Plaintiff’s hospital located in Daejeon-gu, Daejeon-gu, and did not have attempted to perform an operation to cut off the victim’s body.

Summary of Evidence

1. Partial statements of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to F, G, and E;

1. A protocol of seizure and a list of seizure;

1. Investigation report (to hear statements from the doctor in charge and report);

1. A copy of medical records, a certificate of diagnosis, on-site photographs, and related photographs (the defendant and defense counsel have reached knife with the intent to threaten the victim and did not intend to kill the victim;

The argument is asserted.

However, the intent of murder in the crime of murder does not necessarily require the purpose or planned intention of murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its perception or prediction is not only conclusive but also it is so-called willful negligence (see, e.g., Supreme Court Decision 2006Do734, Apr. 14, 2006). The following facts and circumstances acknowledged by the evidence duly adopted and duly examined by this court, namely, ① the defendant put at least 10cc knife between the victim’s left shoulder and spine, with the victim’s knife at least 10cc.