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(영문) 수원지방법원 2014.05.01 2013고합827

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, who is engaged in the distribution business, is the husband of the victim D (in women, 37 years of age).

On November 21, 2013, the Defendant was waiting for the victim to return back to the house and waiting for the victim while he discovered that the victim was entering the other male and the mother, who was suspected of the victim's influence.

The Defendant, around 01:40 on November 21, 2013, entered the family of the victim while waiting for the victim in front of the F Hospital E located in Yongsan-si.

The victim who finds that he has discovered that he has come and re-expled the other male again, and thought the victim's mind to kill the other male again, and immediately enter the house as the house, and the excessive (17 cm in length and 29 cm in total length) that was in the kitchen, and the victim's body such as the left shoulder over six times in total, has been overfinced.

As a result, the Defendant attempted to kill the victim, but he did not commit an attempted crime, even though the victim was only a dysia that requires a dysia for about four weeks of treatment, hearing the victim's sysia, and sysia on the name sysia in which the delivery personnel sent the victim to the hospital to receive medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. On-site photographs and data from on-site CCTV;

1. A written diagnosis of injury;

1. Requests for appraisal;

1. Each investigation report (the number of evidence lists Nos. 10, 17, 19, 22, 24, 26, 28-30);

1. Determination as to the assertion by the present accused and the defense counsel on the excessive one sheet (No. 1) and one turn on an emergency warning (No. 2) that has been seized

1. Summary of the assertion

A. Although the defendant, as stated in the facts of crime, has inflicted a knife on the victim with knife and knife, the defendant's intent to kill the victim.