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(영문) 춘천지방법원 2013.08.27 2013고합44

살인미수

Text

A defendant shall be punished by imprisonment for five years.

A seized grandchild (No. 1) shall be confiscated.

Reasons

Criminal facts

On June 208, when the Defendant was admitted to the "D Center" of a pneumoconiosis medical care institution located in Thai-si in C for medical care, and was living in the same room as the victim E (74 years of age) and was frequently pointed out from his employees due to drinking problems, the Defendant thought that the Defendant was aware of drinking alcohol of the Defendant’s drinking to the employees and was able to murder the victim.

The prosecutor stated in the indictment of this case that “the defendant used the same room as the victim, put three excessives under the bend while making use of the room at all times, and openly talked to the people around the meeting of the center that “I would be able to get a great day before the discharge of the center,” and sees the opportunity to kill the victim.”

According to the evidence duly adopted and examined by this court, the fact that the defendant included three excessive parts under the bend, and that the defendant tolds that he would give him a great amount of work before the discharge of the center. However, it is insufficient to recognize the above action alone that the defendant was given an opportunity to kill the victim by specifying the victim, and there is no other evidence to acknowledge it.

Around April 5, 2013, the Defendant went out along with the winter fee, and returned to the F5th day after drinking alcohol and made an appraisal. At around 17:00 on the same day, the Defendant was able to hear the victim’s desire from the victim of the “D Center” on a 3rd floor of the “D Center” on the same day, and tried to kill the victim by explosioning the complaints he accumulated during that period, and she was left by the Defendant’s room, and she was in custody in the water belt (total length 36 cm, 9 cm in length on the day), and turned back the hand gate (total length 36 cm, 9 cm in length) on the inner part of the victim’s head, thereby making it difficult for the victim’s head, so long as the victim’s head was 4 times.

Accordingly, the defendant tried to kill the victim, but the employees who were in the wife were in the past.