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(영문) 대구지방법원 2018.05.16 2018고합67

살인미수

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim D(48) are employees working together in the "F" restaurant located in Daegu Jung-gu E, and they are relatives.

On February 4, 2018, the Defendant, at around 02:33, at the “F” restaurant, brought a dispute with the victim and G, while she was working with the victim and G, and the victim took the knife with the victim's head by pushing the victim's knife, and found the knife with the victim's knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

As such, the Defendant carried dangerous articles and caused damage to the victim, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made in relation to G or D;

1. A written diagnosis of injury;

1. Application of each Act and subordinate statutes to the investigation report (as to the investigation ofCCTV), investigation report (as to the attachment of photographs, such as seized goods), investigation report (as to the attachment of photographs of the place of occurrence of the case), investigation report (as to the submission of appraisal reports) and documents attached thereto;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant’s assertion as to the assertion of the Defendant and his defense counsel under Article 62-2(1) of the Social Service Order Criminal Act is asserted to the effect that the Defendant was in a physical and mental state by drinking alcohol at the time of committing the instant crime.

In light of the evidence duly admitted and examined by the court, the defendant was found to have drinking at the time of the crime, but the circumstances, means, the defendant's behavior before and after the crime, and the defendant's act are acknowledged by each of the above evidence.