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(영문) 부산지방법원 2015.08.28 2015고합230

살인미수

Text

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

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

Reasons

Punishment of the crime

On April 25, 2015, at around 13:50, the Defendant, while drinking alcohol, such as the victim E (the age of 45) who had talked with the Defendant at the Defendant’s residence located in the Busan Seo-gu, Busan, and had the Defendant drinked with the Defendant’s drinking prior to the Defendant’s drinking, followed the Defendant’s “a woman going to the outside and does not enter the house.” However, the Defendant asked the Defendant to “whether the Defendant knows about how he knows,” followed the Defendant’s attempt to kill the victim by taking the other purely dissipatedly, under the influence of alcohol.

Therefore, the defendant has come to the right chest part of the victim's right chest, where he fined to the left hand and fined the transition (24 cm in total and 12 cm in knife) that he had been placed in his ward.

As a result, the Defendant attempted to kill the victim, but the F, who was drinking in the same manner as that of the Defendant, reported in 119 and received treatment at a hospital by reporting the 119 " how knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Statement to E by the police;

1. The police seizure record and the list of seizure;

1. Each police investigation report (including a field photograph (including attachment), victim-to-face statement, related to the preparation of victim-to-face statement, face-to-face and confirmation of victim's situation, attachment to 119 emergency medical services (including attachment), victim E's physical condition investigation, witness's telephone conversation investigation, victim E (including attachment));

1. Application of the existing Acts and subordinate statutes of one excessive (No. 1) confiscated;

1. Article 254 of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

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