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(영문) 대전지방법원 홍성지원 2013.10.31 2013고합46

살인미수

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a Chinese shipbuilding company, entered Korea on March 28, 2013 after obtaining employment visa, and works as D’s production worker in Chungcheongnam-gun budget C from May 1, 2013.

On August 11, 2013, the Defendant was subject to several assaults from F and the victim G (the age of 30) on the ground that the Defendant brought alcohol to F and F while working in D dormitories 506, Chungcheongnam-nam Budget E Apartment 506, the Defendant brought alcohol to F and F.

Accordingly, under the influence of alcohol, the Defendant saw that he would kill the victim while being in a timely manner, and knife a knife (15cm in knife length, 25cm in total length, 1cm in knife) and knife a part of the left clothes of the victim so far as the Defendant kept knife, and F escaped by using the knife.

Therefore, although the Defendant attempted to murder the victim, the Defendant did not commit an attempted crime but did not commit an injury, such as the victim's tent of the double wall, the blood transfusion from the dunes of the dunes, the first dunes of the dunes of the dunes of the dunes, and the body of the dunes of the du

Summary of Evidence

1. Partial statement of the defendant;

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

1. Records of seizure, list of seizure and photographs thereof (No. 1);

1. Investigation report (written statement of a victim and report accompanied by photograph of a victim);

1. Diagnosis, emergency medical services log, nursing recordbook, and each medical record book;

1. 현장사진 법령의 적용 검사는 압수된 칼 1자루(증 제1호)에 대하여 몰수를 구하고 있으나, 경찰 압수조서에는 위 칼의 소유자가 H으로 기재되어 있고, H은 검찰에서 위 칼에 대한 소유권을 포기한다는 의사를 밝혔지만, H은 D 기숙사에 있던 위 칼을 누가, 어떻게 샀는지 모르고 기숙사에 있어 사용하였을 뿐이라고 진술하였는바(증거기록 175쪽), 위 칼이 피고인의 소유에 속한다

or the owner of the knife waives his ownership and owns any one.