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(영문) 춘천지방법원 원주지원 2020.01.09 2019고합87

살인미수

Text

A defendant shall be punished by imprisonment for three years.

Seized net values (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant is a space between the victim B (the age of 63) and the victim C office, which is crossed than that of the victim.

At around 19:00 on September 27, 2019, the Defendant, at the D market of the Gangwon-do Crossing-gun, caused a vision for the Defendant to take part in his anti-end affairs against the victim, and caused a verbal dispute with the victim.

At around 19:08 on the same day, while the defendant moved to another place on the road side of the parking lot E, and brought a dispute with the victim, the defendant tried to kill the victim, who was parked in the front of the defendant's chest, with a net (m: 39cm) that is a dangerous object stored in the animal partitions of the defendant's funst cargo vehicle that was parked in the front of the day, and attempted to kill the victim by putting about three times the parts of the head of the victim's body, but did not realize that intent, and attempted to kill the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning G and B;

1. Investigation report - Attachment of the crime tool seizure images and images, etc. to be attached to the upper part of the victim's upper part, investigation report - Attachment of photographs to the upper part of the victim's upper part of the investigation report (Attachment of CCTV data at the scene of the crime and photograph of the closure of the victim);

1. The record of seizure and the list of seizure (the intentional murder of the defendant and his defense counsel is denied. However, considering the following circumstances recognized by each of the above evidence, it may be sufficiently recognized that the defendant had committed murder. ① The defendant, at the time of the instant case, took three times back the number of the victim by using a watch that reaches 39 cm in length, and taking into account the tools and tools used by the defendant and the price parts used by the defendant, may sufficiently threaten the life of the victim. ② During the police investigation, the defendant was found to have lost the head of the victim even even by himself.