beta
(영문) 수원지방법원 안산지원 2012.12.07 2012고합422

살인미수

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, while residing in Sinsi-si in 2005, is subject to removal by Dong that the defendant living in Sinsi-si in 2005, and the victim D (main and 52) is a person living together with the defendant and Han Dong-dong.

On August 15, 2012, the Defendant collected the removal of the E in Singu, Singu, and carried the knife with the container office prepared for the countermeasures conference, and sought the issue of removal compensation.

The Defendant, while talking with the victim D at the time, took the knife (17.5cm in knife length, 33.5cm in total length) of a deadly weapon that the Defendant had been in possession of sciffed with each other, and confirmed that “this knife, dead, and discarded,” while putting the knife on the part of the victim’s knife,” and putting the victim’s knife on the part of the victim’s knife.”

그러자 피고인은 위 식칼로 피해자의 목을 2~3회 가량 톡톡 치면서 다시 피해자에게 ‘뒤질래’라고 말을 하였고 이에 피해자가 ‘그래, 죽여라’라고 대답하자, 이 말을 들은 피고인은 격분하여 피해자를 살해하기로 마음먹고 위 식칼로 피해자의 목 부위를 그어 피해자를 살해하려고 하였다.

However, the F, which was reported by the Defendant, went out of the seed office by cutting off the above knife from the Defendant, and the people in the surrounding areas did not bring about fighting with the wind, but did not bring about about about three weeks of medical treatment to the victim, such as an open top and a scarcity of the scarf in the part of the wood that requires medical treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made by the police over the accused and the interrogation protocol of the second prosecutor's office;

1. Each police statement made to D or F;

1. As to the records of seizure (field), seizure lists, photographs of attempted murder, photographs of victims, medical certificates, fact-finding inquiry reports, and other relevant Acts and subordinate statutes;