beta
(영문) 인천지방법원 2017.06.08 2016고합850

살인미수

Text

A defendant shall be punished by imprisonment for four years.

excessive one percent (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The Defendant, while living together with the victim D (49 tax) and Yeonsu-gu Incheon E Apartment 103 606, the Defendant had an desired sentiment of the victim due to frequent assault by the victim, committed the victim’s money and merchandise coupons, stolen the victim’s money and merchandise coupons from the victim, and was suspected of being the victim’s embankment. At the same time, the Defendant was willing to have the victim feel strong religious awareness and murder the victim.

On December 5, 2016, at around 02:20, the Defendant collected a knife knife (No. 1, total length of 20cm, and 10cm in length) from the main room of the above apartment, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

However, the victim was immediately sent to the hospital, resulting in damage to the items that require approximately three weeks of medical treatment to the victim, by removing the knife who was at the time when the victim was faced with the knife in the victim's item, and by taking a knife emergency operation.

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Police seizure records (voluntary submission), list of seizure, and photographs of seized articles;

1. Each report on investigation;

1. A medical certificate;

1. Determination as to the assertion by the defendant and the defense counsel against the scene of the crime, the 112 reported case processing list, photographs of the victim, excessive removal from the victim's item, the status of receipt of reports, notification of the place of emergency medical services activities, and the place of emergency medical services activities

1. The summary of the assertion is that the Defendant, going beyond the juncul, did not intend to murder the victim’s neck, and did not contain any intention to commit murder.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim is consistent from the investigative agency to the present court, and the Defendant was able to find the victim who was gird in mind.