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(영문) 수원지방법원 성남지원 2017.01.12 2016고합233

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

On July 14, 2016, the Defendant, at a “F” restaurant operated jointly by the Defendant and E in Seongbuk-gu, Sungnam City on July 23:0, 2016, was under the influence of the Defendant, with the victim G (52 ), E, and H, who is the students of elementary schools, and the Defendant was under the influence of the Defendant, and the victim was under the control of E, who continued to be under the control of the Defendant, with the intent of “h, h,” but the victim was under the control of E, who was under the control of the Defendant, was under the control of E, and was under the control of E, who was under the control of E, with the Defendant “h, h, with the E-do hand at the time of drinking.”

“ ......”

At the same time, they seem to have a sexual intercourse with E, which led to the occurrence of complaints against the victims.

On July 15, 2016, the Defendant had a dispute with the victim for the foregoing reasons, and carried out physical fighting with the victim by placing the chair who had been in the place outside the above restaurant in the cafeteria, 00:16 on July 15, 2016. Then, from 00:18 on July 15, 2016 to 00:22, the Defendant moved from the above cafeteria to the above cafeteria, and the victim was able to kill the victim by breaking the above complaints, such as putting the victim’s shoulder while following the victim’s shoulder, etc., with the victim’s left part of the cafeteria (35cm in total, 23cm in total, 35cm in length) at that place, and knife the victim’s left part, so far as much as possible.

Therefore, although the Defendant attempted to murder the victim, the Defendant attempted to kill the victim, but the victim's number of days of treatment cannot be identified (7-8cm wide, 10-15cm wide, 10-15cm wide), the Defendant attempted to commit an attempted crime because the Defendant did not commit a crime by going through the following: (a) the Plaintiff's upper part of the body part (finite, 7-8cm wide, 10-15cm wide), the Plaintiff's upper part of the disguised body part

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to G, E, and H;

1. Seizure records;

1. A place where emergency medical services are to be performed;

1. Statement of opinion;

1. A report on internal investigation (as to the statement of the victim's will about the situation), an investigation report (as to the confirmation of CCTV at the site of this case), and an investigation report (as to the report attached to the statement of 112 reporting by a witness H.).