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(영문) 광주지방법원 순천지원 2014.06.19 2014고합61

살인미수

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

The defendant and the victim D(the age of 49) are between the high-speed line that graduated from the same elementary school.

피고인은 2014. 4. 2. 18:00경 풍양 서초등학교 동문 모임에서 피해자가 버릇없이 행동한다는 이유로 피해자의 뺨을 때렸고, 이에 피해자는 피고인의 얼굴을 때리는 등 대항하여 싸움을 하게 되었으나, 주변에서 말려 멈췄다.

On April 2, 2014, at around 21:10, the Defendant got a victim as a plastic house of the Defendant located in Gosaeung-gun E, Jeonnam-gun, and the victim said, “A person who is at all times during the string shall be dead. He knows that he is dead, he shall be dead, and he shall be present at the string, and he shall be present at the floor of the string.”

The Defendant sought to kill the victim by taking the knife (28cc in blade, 15cc in knife, knife, 15cc in knife) of the victim’s clothes, fnife and side fnife once, but attempted to kill the victim. However, the Defendant attempted to murder the victim by taking the knife of the Defendant’s knife in F, which had been on the side, by taking approximately six weeks of medical treatment, and attempted to commit an attempted crime, only by taking the victim’s knife on the left-hand left-hand part of the Defendant’s knife due to damage to the warden, and by taking the knife due to the kn

Summary of Evidence

Defendant’s partial statement

D. Determination as to the defendant's assertion of seizure records and seizure list report(related to attachment of victim's diagnosis) by police's written statement G of each court statement of F

1. Although the alleged defendant knife knife the victim, there was no intentional murder.

2. In determining the crime of murder, the intent of murder does not necessarily require the purpose of murder or planned murder, and it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person by its own act, and its perception or predictability is not only conclusive but also definite.