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(영문) 인천지방법원 2014.09.05 2014고합329

살인미수

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On October 18, 2012, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Act on Promotion of the Game Industry in Incheon District Court, and two years of suspended execution, which became final and conclusive on October 26, 2012, and is currently under suspended execution.

【Criminal Facts】

On April 12, 2014, at around 10:00, the Defendant discovered the victim E (bee 15 years of age) who sited around D front bus stops located in the Namdong-gu Incheon Metropolitan City, and met around 3 minutes of the number, and then examined the victim's dynamics between the bus stops and the walls of the bus stops without any reason, and put a son on the back part of the victim's clothes by using a dog by inserting hand to the bottom of the chair where the victim is seated. The victim suffered from the victim's 2nd and 3rd image on both parts of the body and the body.

Accordingly, the Defendant, using the aforementioned dangerous articles, carried the victim’s clothes with influence attached to the victim’s clothes and inflicted an influence of the days of treatment on the victim.

Summary of Evidence

1. The defendant's partial statement (admitting that the person in question is the person in question ofCCTV image);

1. Each police statement to F and E;

1. Report on internal investigation (receiving a report, checking CCTV recording data, etc.), investigation report (verification of a suspect's use card, and specification of a suspect);

1. A CCTV screen, such as a medical examination and treatment book, a video recording book, a medical certificate, a damaged body photograph, a CCTV screen installed for a cash withdrawal machine, and CCTV screen;

1. Previous conviction: Determination of an investigation report (Attachment of a written judgment), criminal records, the defendant, and his/her defense counsel's assertion

1. The summary of the argument was not attached to the victim's clothes, such as facts constituting a crime.

2. According to the evidence as seen earlier, ① the Defendant was on board H bus at the bus stops located in Nam-gu Incheon Metropolitan City, Seoul on April 12, 2014, around 09:48, when getting off the H bus at the bus stops located in Nam-gu, Incheon Metropolitan City on 09:54 on the same day, and ② the Defendant was lowered from the bus after getting off the bus.