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(영문) 대구지방법원 서부지원 2017.07.06 2017고합15

살인미수

Text

A defendant shall be punished by imprisonment for six years.

Seized white knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant operates an authorized brokerage office as a partnership business;

Although E expressed a sense of view to E, it has been continuously collected to E despite being notified that it would be rejected and the business will be destroyed.

On December 31, 2016, the Defendant sought a conversation with E by finding the residence of E located in the Daegu-si Si F, Daegu-si, around 22:18.

E was subject to the restraint from the male-friendly arrest victim G(43 ) of E, and it was made once a knife of the victim's right side knife (14 cm in length) that was prepared in advance to kill the victim and prepared to kill the victim.

피고인은 피해자에게 위 과도를 빼앗기자 그 곳 주방으로 들어가 수저통에 들어 있던 은색 칼날의 과도( 칼날 길이 11cm )를 다시 꺼 내 들고 위 주거지의 9 층 비상계단으로 도망간 피해자를 뒤쫓아 가 피해자의 왼쪽 옆구리 부위, 목 뒤 부위를 각각 위 과도로 1회 찌르고, 과다 출혈로 인해 그 곳 바닥에 주저앉은 피해자의 머리와 얼굴을 발로 수회 찼다.

As such, the Defendant attempted to murder the victim with the above excessive points, but the Defendant did not commit an attempted crime by causing damage, etc. to the victim who is open to the upper part of the body where the number of days of treatment cannot be known to the victim, upon receiving 112 reports from E, etc.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. The parts and degree of injury as indicated in the judgment: An investigation report (the No. 14,28 of the evidence list), and the application of statutes in the opinion of intention;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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 defendant and his defense counsel are the gist of the argument.