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(영문) 대전지방법원 2016.11.18 2016고합235

살인미수

Text

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

Reasons

Punishment of the crime

On June 14, 2016, the Defendant, from around 18:10 on June 14, 2016, talked with the victim C (the age of 42) and D (E) who work together with the victim after drinking alcohol on the way that the victim came back to the night after drinking alcohol, and caused the victim to have a dispute with the victim, and during that process, the victim was hicked with the victim by drinking the part of his mouth from the victim once.

On June 14, 2016, at around 23:10 on June 14, 2016, the Defendant continued to have a dispute with the victim in the accommodation F and 403, Daejeon Pongsung-gu F and 403, and the Defendant was able to kill the victim by breaking the Defendant in both hands, leaving the room by pushing the Defendant into one’s own room, and breaking it into one’s own room.

The Defendant saw a kitchen knife (33cm in total length, 21cm in knife length) with the kitchen knife, and called “low knife knife,” and called “low knife knife knife” to the victim, and tried to murder the victim’s part of the kitchen with a kitchen knife knife, which was flife in a knife, once. However, the Defendant tried to murder the victim by a kitchen knife with a kitchen knife which was knife in a knife, but the victim’s knife knife knife knife knife knife knife knife knife knife knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. The police statement concerning G;

1. A medical certificate;

1. Photographss of the injured part of the victim, pictures of the scene of the case, and photographs of seized articles;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (in cases of change of the name of a crime), the knife part in a knife, the knife part in a knife and the inner long-term damaged part

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;