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(영문) 수원지방법원 2015.10.16 2015고합441

살인미수

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

In the process of distributing the property of the parents, the defendant thought that the victim was deprived of the property such as transfer of the house of his parents residing in the name of the victim in the process of distributing the property of his parents, and there has been disputes such as filing a civil lawsuit against the victim and his children, filing a criminal complaint, etc.

At around 10:00 on August 3, 2015, the Defendant: (a) entered a dangerous object (16cm in total length, 10cm in total length) with an industrial knife knife (16cm in total) which was a dangerous object prepared in advance to the victim’s house; (b) however, the victim fnife was frighted into the victim’s house, but the victim’s face, body, etc. was hnifeed into the inside and outside of the house, after breaking the victim’s face, body, etc. hiffing the victim’s face, body, etc., hiffing the head knife into the front right side of the knife where the Defendant was suffering, and knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. Data on crime tools, on-site photographs, and CCTV analysis for crime prevention;

1. The name of victim in the hospital;

1. Protocols of seizure and the list of seized articles and photographs thereof;

1. Application of Acts and subordinate statutes, each investigation report (Evidence Nos. 10, 12, 13, 15, 17, 21, 25, 28, 29)

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment; and