beta
(영문) 대구지방법원 2013.11.22 2013고합421

살인미수

Text

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

Reasons

Punishment of the crime

On July 26, 2013, at around 21:30 on 26, 201, the Defendant, within 101.201.201., Da (D, 29) with the same Vietnam nationality, did not contact the Defendant at ordinary times, and even though the victim was in the order of the victim's booming, she was willing to kill the Defendant on the ground that he did not stick electricity to the establishment of a foundation for the military.

The defendant, who shows a shower by his body, she will see the victim's head repair at a time. He will die. He will die. He will see the kitchen which was used in the kitchen, and she tried to cover the chest of the victim, but the victim tried to return his body, but she has her body, etc. one time with the wind of the victim, and other ties of Vietnam's nationality, such as the witness, she was living out of the toilet by drinking the defendant, but she was flick and again coming out of the toilet, but the head repair part of the victim's head repair part was flicked one time by knife, but the above fee was flick with the wind of the victim, but it did not bring about about about two weeks of medical treatment for the victim (5 cm) and a flife (3 cm) joint with the victim.

Ultimately, the defendant tried to kill the victim, but attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Determination on the assertion of the defendant and his/her defense counsel in the injury medical certificate

1. The summary of the argument is the fact that the defendant knifeed the victim, but only attempted to mixed the victim, and there was no intention to commit murder.

2. The criminal intent of murder does not necessarily require the purpose of murder or the intention of planned murder, but is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its perception or prediction is not only final but also conclusive.