beta
(영문) 서울중앙지방법원 2020.10.07 2020고합271

살인미수등

Text

A defendant shall be punished by imprisonment for four years.

One garment (No. 1) for the purpose of seizure shall be confiscated.

Reasons

Criminal facts

The defendant committed the following crimes under the state that he/she lacks the ability to discern things or make decisions with symptoms, such as summons, damage, related circumstances, etc., and has committed the following crimes:

According to the evidence duly adopted and examined by this court, the defendant appears to have been in a state of mental disability at the time of committing the crime in this case, and it is judged that the correction of the crime does not result in disadvantage to the defendant's exercise of his right to defense.

On March 28, 2020, at around 20:25, the Defendant moved to 34 seats on the part of the victim C (year 26) who was seated in the calendar direction 34 seats, and was frighted to 34 seats on the part of the victim.

At the above time, the Defendant considered at the above 3th 34th knife No. 34, and considered that “The victim, who had a large amount of money on wall, is neglected by leaving the Defendant, a very fluorous criminal defendant, who is a fluorous fluor, with a large amount of money on wall, and was willing to kill the victim.”

이에 피고인은 위 일시경 위 무궁화호 3호차 34석에서, 가방에 소지하고 있던 가위(전체 길이 약 21cm, 날 길이 약 9cm)로 피해자의 목 부위를 찔러 피해자를 살해하려다가 그것으로 피해자를 살해하기가 힘들다는 생각이 들자 머리 부위를 찌르기로 마음을 바꾸고, 위 가위를 가방에서 꺼내어 오른손으로 가위의 손잡이 부분을 잡아 날 끝의 뾰족한 부분으로 피해자 머리의 오른쪽 관자놀이 부위를 있는 힘껏 세게 1회 찔렀다.

Since then, the defendant only flows from the part of the head of the victim's head, and does not go through the head of the victim's head, and again, the part of the head of the victim's head is the victim.