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(영문) 서울서부지방법원 2016.11.24 2016고합153

살인미수

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

A knife knife knife knife knife

Reasons

Punishment of the crime

On May 28, 2016, at around 19:00 on May 28, 2016, the Defendant drinks alcohol in a restaurant with the victim G and elementary school in the name of "I" located in Yongsan-gu Seoul, Yongsan-gu, Seoul, by drinking alcohol with the victim and J, and drinks alcohol again in a restaurant with "K" located in the neighborhood.

The Defendant, while waiting for a substitute driver for returning home in the future of the above "I" restaurant with the victim, became a vision for the issue of drinking alcohol with the victim. The Defendant argued that he would kill the victim in a timely manner after being raised from the victim, who was on board, and that he was fit for the cream with the victim.

At around 23:20 on the same day, the Defendant: (a) entered the victim’s room in front of the restaurant “I” and called “I,” and called “I,” and tried to kill the victim on a one-time basis, with a kitchen kitchen (38 cm in total length, 25 cm in length) and a part of the victim’s face, once again, and once, with a part of the victim’s face.

However, it was not intended to kill the victim because it was caused by the injury, such as the complete flasing of the right side, the complete flasing of the flasing part of the flasing part of the right side, which requires treatment for about 10 weeks on the wind of the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of G;

1. Statement by L or J police officers;

1. Records of seizure and the list of seized articles and guns;

1. On-site identification reports, investigation reports (or counter-investigations by the doctor of the Seoul Hospital at the Macheon National University in which the G is hospitalized), investigation reports (related to the investigation ofCCTV), and grounds for conviction of suspect G injury reporting (related to submission of suspect G injury diagnosis reports);

1. The defendant did not have the intention of murdering against the defendant and his defense counsel.

Under the influence of alcohol, the Defendant was in a state of mental or physical disability.

2. The following facts are acknowledged by the evidence duly adopted and examined by this Court in determining the intention of murder: