beta
(영문) 부산지방법원 2018.02.09 2017고합487

살인미수

Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

On August 26, 2017, the Defendant: (a) heard the horses from the victim D (28C) that “Isn't reach a half-yearly speech; (b) promised to do sn't directly with the victim, and (c) took a kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'

The defendant 01:10 on the following day, at the front parking lot of the "F" restaurant located in the Seo-gu Busan Metropolitan City, Do, Do Do Do Do Do Do Do Do Do Do.

The knife knife knife knife knife knife knife knife the part of the victim's knife with the left part of the victim's knife.

In other words, the victim tried to kill the victim at least four times on the back side of the victim's clothes and the left side, but the victim's behaviors were snife the defendant and sent the victim to the hospital, thereby causing the victim's injury, such as damage to the snife.

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Legal statement of the defendant (as at the date of the first public trial, in the case);

1. Each legal statement of witness D and G;

1. Each photograph, medical opinion, CCTV photograph, and response to a request for appraisal;

1. Application of statutes on records of seizure and lists of seizure;

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

1. As to the assertion of the defendant and his defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the defendant and his defense counsel had a weak ability to discern things or make decisions due to shock disorder, personality disorder, etc. at the time of committing the crime in this case

The argument is asserted.

According to the records, the fact that the defendant received a mental treatment from February 2, 2013 to May 2015 due to shock adjustment disorder, detailed personality disorder, etc. can be recognized.