beta
(영문) 서울서부지방법원 2014.08.29 2014고합39

살인미수

Text

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

Reasons

Punishment of the crime

The Defendant committed suicide with a person without a certain occupation, and the mother, who was a mental retardation, was able to commit suicide while showing a depression after the death. However, on the premise that the mixed death was led to the suppression of the mixed death, the Defendant killed the person first passed with the valley of Jinna-dong, Eunpyeong-gu, Seoul, 254-8 North Korean acid Visits, and then kills him accordingly.

On February 5, 2014, at around 15:00, the Defendant discovered the victim D(52 years of age) who was under mountain in the valley in the mountain of the mountain of North Korea, and attempted to take the victim's head with stones (ro 13 cm, 17 cm) located in the mountain of the above North Korea. However, the Defendant attempted to murder the victim, such as the victim's head, arms, etc. where the victim was deprived of the victim's arms, and the victim's head, arms, etc. were collected from the string of the string of the string of the string of the string of the string of the string of the string of the 2014. However, the Defendant attempted to murder the victim, such as the victim's head, etc. where the victim was under the escape of the string of the string of the string of the string of the 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Second prosecutor's protocol of examination of the accused;

1. Photographs of criminal tools;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 254 of the relevant Act concerning the facts constituting an offense and Articles 254 and 250 (1) of the multiple-choice Act;

1. The defendant asserts that the defendant's argument about the defendant's argument under Article 10 (2) and Article 55 (1) 3 of the Act on the Mitigation of Mental Injuries is not an intentional crime of committing the crime of this case inasmuch as he thought that the defendant was a deceased person in a way of defending the victim when he did not want to commit suicide although he did not have a container.

However, the following circumstances, which are acknowledged by the evidence of the judgment, are ①.