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(영문) 서울남부지방법원 2018.02.23 2017고합520

살인미수

Text

A defendant shall be punished by imprisonment for five years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

At around 18:10 on October 17, 2017, the Defendant: (a) stated that the victim C (49 years of age), F, G, and the victim, who was known to Guro-gu Seoul Metropolitan Government D, were able to know the names of the victim C (49 years of age), F, G, and the victim, while drinking alcohol and food together with a Chinese woman, and said Chinese woman was able to speak and have a dispute with the said Chinese woman; (b) the victimized person started to take part in the Defendant’s desire; and (c) the victimized person was able to take part in the Defendant’s desire with a large sound.

Accordingly, the Defendant, who had a mind to kill the victim by shooting, was placed on the table (12 cm in length and 24 cm in length on the knife) with a knife hand, tried to kill the victim once a part of the knife that occurs on the knife, and a part of the right side knife that occurs on the knife, but knife next to the knife.

The wind that F and G have taken excessive measures taken by the Defendant, and prevented the Defendant, was to inflict an injury on the victim, such as an injury between the parties with open standings within the lectures that require approximately four weeks of treatment.

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

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

1. Reports on internal investigation and investigation reports by the police (the list of evidence Nos. 10,19);

1. Police seizure records and list of seizure;

1. A photograph of a deadly weapon, seized object photograph, or CCTV image taken by the person under his/her control during the crime;

1. Application of Acts and subordinate statutes of a medical certificate;

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 32(1)1 and 2, Article 25(1) and Article 32(2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (in the case of attempted murder, not subject to a compensation order, but subject to an agreement between the Defendant and the victim on the amount of compensation.