beta
(영문) 서울서부지방법원 2019.02.12 2018고합293

살인미수

Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 57) are South Korea, their parents are gathered, and their parents are residing in the domicile of the defendant.

On October 12, 2018, the Defendant: (a) around 07:10 on October 12, 2018, the Defendant: (b) around 07:10, the Defendant: (c) placed a knife knife knife, which had been live in the apartment site; and (d) placed a monthly director in the present apartment site, had the victim knife the knife at the time of the knife of the knife for murdering the knife of the knife and head of the knife; (b) had the knife of the knife knife knife knife knife knife knife knife knife knife knife knife knif.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Protocol of the police statement concerning B;

1. Records of seizure and the list of seizure;

1. A certified copy of medical records; and

1. Application of Acts and subordinate statutes to photographs of each criminal tools, victim's body photographs, and field photographs;

1. Articles 254 and 250 (1) of the Criminal Act applicable to the crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Determination as to the Defendant and defense counsel’s assertion under Article 48(1)1 of the Criminal Act

1. The defendant did not have the intention to murder.

2. The criminal intent of murder does not necessarily require the purpose of murder or the intention of planned murder, but is sufficiently satisfied if he knows or anticipates that there is a possibility or risk of causing another person's death due to his own act.