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(영문) 서울남부지방법원 2018.09.13 2018고합206

살인미수

Text

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

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

Reasons

Punishment of the crime

The Defendant was aware of the Victim E (52) at the D dormitory in Guro-gu Seoul Metropolitan Government and the first floor, but the victim was able to have an objection against the uneasible thing by taking a bath to the people in the Bupyeong Dormitory.

Around 00:05 on December 15, 2008, while drinking alcohol in the above D’s camp and having conflicts with the victim, the Defendant intending to murder the victim by driving the knife with a knife at the above D’s camp, and by driving the excessive one (23.5cm in total length, 12.5cm in length, 12.5cm in length), which is located in the window of the above accommodation, while drinking alcohol in the above D’s camp. However, the Defendant tried to kill the victim by driving the knife under the left side of the victim’s knife. However, the victim’s knife defense, such as knifeing the Defendant, and received treatment after being transmitted to the hospital by a witness’s report, the Defendant attempted to do so by committing an attempted injury between 48 days in need of medical treatment due to the flifeing so, damage to the left side of the wall, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol by the police for E;

1. Protocols of seizure and the list and photographs of seizure;

1. A medical certificate of injury, or a damaged photograph;

1. Report on the occurrence of any suspected crime resulting from murder, and application of each investigation report (on-site investigation and personal information of the suspect, damage situations, specification of the suspect, and attachment of the death diagnosis report);

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (the consideration of favorable circumstances among the reasons for sentencing in the judgment);

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The summary of the argument is that the Defendant only knife or knife the knife in order to put the knife, and the knife is deep in the process of physical fighting with the victim, so there was no intention to commit murder.

2. The intent of murdering the relevant legal doctrine is essential.