beta
(영문) 대전지방법원 서산지원 2016.03.17 2015고합125

살인미수

Text

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

Reasons

Punishment of the crime

The Defendant, around April 2015, at the victim E (W, 47 years of age) located on the first basement D (F) of the Y-gun, Chungcheongnam-do, Chungcheongnam-do, Taenam-do, YE, had a sense of view to the victim, and had the victim come back to G, who had already returned to the Defendant’s four times of death from the victim, making it impossible to maintain the relationship with the Defendant. However, the Defendant continued to engage in a defect.

At the same time, the above main points were found and the victim was collected by telephone, etc.

On August 29, 2015, at around 00:50, the Defendant: (a) expressed the relationship between G and himself/herself with the victim at the 1st room of entertainment week “F” and expressed that he/she would not meet it in the future; (b) was the victim as “the ender,” and the victim was knife with a knife (21cm length) which is a dangerous object outside the Defendant’s vehicle outside of the said entertainment week, and knife the victim in the knife and knife with the knife, which is a dangerous object in the Defendant’s vehicle; and (c) was seated in the knife facing the victim.

G et al., with the right shoulder of the victim, the victim's right shoulder was knife at one time, which requires treatment for about 14 days between the victim and the right shoulder (5 cm in length and 7 cm in depth).

Summary of Evidence

1. A statement to the effect that the accused does not deny any objective fact in the first trial record;

1. Second police statements made to E:

1. Statement of the police statement related to G;

1. A certificate of injury diagnosis, or a copy of medical records;

1. Application of Acts and subordinate statutes to photographs at the time of field photographs and relief of victims;

1. As to the Defendant’s assertion of mental and physical weakness as to criminal facts under Articles 258-2(1) and 257(1) of the Criminal Act, the defense counsel in the determination of the Defendant’s assertion of mental and physical weakness regarding criminal facts. The Defendant was in a mental and physical state under the influence of alcohol

The argument is asserted.

In this case, the records of the instant crime, the criminal records of the Defendant before and after the instant crime, and the statements of the victim and G, which are acknowledged by the evidence duly adopted and investigated by the court.