beta
(영문) 수원지방법원 2018.06.21 2018고합138

살인미수

Text

A defendant shall be punished by imprisonment for five years.

The excessive one (No. 1) seized shall be forfeited from the accused.

Reasons

Punishment of the crime

The defendant is a foreigner in China, who has received approximately 10 days the education for the baking technology from the victim C ( South, 40 years old) and from the 5th floor of Suwon-si D Building in Suwon-si.

During the education period, the defendant tried to have the victim take an examination with himself/herself, raise his/her awareness of bullying with other students, and knife the victim to murder with a knife.

Accordingly, at around 13:50 on March 15, 2018, the Defendant saw a knife (10cc in knife, 20cc in knife) that was prepared in advance on his own knife in the E E 503-1 on his own knife, and saw the knife below the victim's knife, the knife two knife below the victim's body behind knife, and continued to fight with the victim to kill the knife part of another victim's knife on the floor used on the part of the victim's body, but the knife students in the surrounding E 503-1 did not know the defendant and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the police and the suspect examination protocol of the prosecution against the accused;

1. Each police statement made with respect to F, G, C, and H;

1. A situation report, a report on the results of field identification, and each investigation report (to be accompanied by a record of victim's statement, the current state of victim, and the result of CCTV analysis);

1. Protocols of seizure and the list of seizure, photographs of each on-site and CCTV images of the site;

1. Application of Acts and subordinate statutes to medical certificates (victims), copies of medical records (ASEAN University, Victims C), and emergency medical services logs;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Articles 32(1)3 and 32(2), 25(1), 25(3)3 and 4 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (in the case of attempted murder, the case is not subject to a compensation order, but is not identified in the medical expenses support procedure, legal nature, etc. for the victims of a foreign organization.