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(영문) 대전지방법원 천안지원 2013.03.06 2013고합31

살인미수

Text

A defendant shall be punished by imprisonment for four years.

The request for the attachment order of this case is dismissed.

Reasons

Punishment of the crime

Defendant

On July 2, 2012, at least 02:00, the respondent requested to attach an attachment order (hereinafter referred to as the "defendant") and the victim E (the victim E), who had the above convenience store employees to lend some of the tobacco for the convenience store in Western-gu C, Seoan-gu, Seoan-gu, Seoul, 2012, heard the phrase "if the above convenience store does not smoke without tobacco smoking ability," and the victim E (hereinafter referred to as the "defendants"), "I would like to say that "I would not smoke without tobacco smoking capacity," and the victim would be able to kill the victim and bring about a dispute with the victim, and the defendant was living together with the victim at 201, Seoan-gu, Seoan-gu, Seoan-gu, Seoul (18cc in length, 10cm in length on a blade day) and returned to the above convenience store.

The Defendant tried to kill the victim by satising the victim's right side side of the victim's left side, satising the victim's knife with the victim's knife and knife with the victim's knife with the above excessive knife with the victim's knife with the victim's knife, but the victim knife with the victim's left side side side once, knife the victim's knife with the victim's knife and knife twice the victim's knife with the victim's knife in the future.

However, the defendant did not go through the wind that the victim gets "to live," and did not go to the wind that the victim escaped, but did not go to the victim's self-constition.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the police officer in relation to E, G, H, and I;

1. Detailed descriptions of the clinical records of an emergency medical center, copies of medical records of victims, etc., and opinions;

1. Application of video-related Acts and subordinate statutes to images of the body parts of the victim;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Determination as to the assertion by the defendant and his/her defense counsel under Articles 25(2) and 55(1)3 of the Criminal Act, which are statutory mitigation

1. The defendant of the assertion is at the time of committing the crime.