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(영문) 대전지방법원 홍성지원 2015.08.06 2015고합52

살인미수

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

From April 28, 2015, the Defendant, from around C to April 28, 2015, on the duty of the captain and the crew on board C, had a usual complaint on the thought that the Defendant was neglected, such as the victim’s failure to comply with the order, even if the Defendant instructed the victim D(33 years of age) of Vietnam nationality, who is the crew member of

On June 12, 2015, at around 08:10 on June 12, 2015, the Defendant asked the victim that he was at anchored in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to “I would like to kill the victim by using the knife knife knife (the total length, 30cm, 18ccm in knife length) that he thought that the victim would be disregarding the Defendant, and that the victim was at the moment under the influence of alcohol.

The Defendant, around 08:13 on the same day, knife the knife knife knife of the above knife, while the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, and D;

1. Seizure records;

1. A report on investigation (referring to details of medical treatment for victims);

1. A photograph of a CCTV image taken at the time the suspect committed the crime;

1. The official question of reply to the request for appraisal (the Daejeon Science Investigation Institute); and

1. Application of all Acts and subordinate statutes to the details of medical treatment, such as a place where drinking alcohol is measured and a medical opinion;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Confiscation Article 48 of the Criminal Act