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(영문) 울산지방법원 2014.09.19 2014고합126

살인미수등

Text

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

A knife (No. 1) knife for slaughter seized shall be confiscated.

In this case.

Reasons

Punishment of the crime

1. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) committed murder at a village with the victim C (73 years of age) and took meals at the Senior Citizens Association around December 4, 201, while living in the village for about 60 years, and the Defendant went to school around December 4, 201, and were misunderstanding that the remaining soldiers were stolen by the victim, and thus, they continued to go to go to the victim every time they look at the victim every time.

On April 30, 2014, the Defendant: (a) reported the victim’s wife D around the center of senior citizens where the victim’s wife was not in a usual manner with the victim’s emotional testimony; and (b) made the victim’s emotional testimony with other residents despite the Defendant; and (c) made the victim’s emotional testimony that the victim’s wife ought to be explosiond to cause danger and injury.

On May 2, 2014, the Defendant, at around 05:00, experienced a knife with a knife (28.5cm in total length, 15.5cm in knife length) used to slaughter a deadly weapon, which was followed by a stable, in his residence, and had been in the next stable.

피고인은 2014. 5. 2. 05:30경 울산 울주군 E에 있는 노상에서 평소처럼 오토바이를 타고 지나가던 피해자를 발견하고, 흉기인 위 도축용 칼을 오른손에 쥔 채 오토바이의 앞을 가로막은 다음 피해자에게 “니를 찌르고 나도 죽을란다.”라고 말하면서 갑자기 피해자의 복부 부위를 1회 힘껏 찌르고, 계속하여 피해자의 겨드랑이 및 어깨 부위를 3회에 걸쳐 연달아 찔러 피해자를 살해하려고 하였으나, 피해자가 저항하면서 칼날을 잡고 놓아주지 않고, 이를 발견한 동네 주민인 F와 G가 달려들어 제지하는 바람에 피해자에게 약 12주간의 치료를 요하는 강내로의 열린 상처가 있는 췌장의 손상 등의 상해를 가하는데 그쳐 그 뜻을 이루지 못하였다.

Accordingly, the defendant is the victim.