logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.09.11 2015고합197
살인미수
Text

A defendant shall be punished by imprisonment for four years.

Seized knife one knife (10 cm, knife 12 cm, 22 cm in total) shall be confiscated.

Reasons

Punishment of the crime

On April 21, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daejeon District Court on April 21, 201, and completed the execution of the sentence on January 30, 2015.

On June 2, 2015, at around 02:20, the Defendant: (a) went through the front of a room administered by the victim E (E) on the second floor of the Dindo where the Defendant was living in the Dong-gu Daejeon-gu, Daejeon-gu, the Defendant was able to kill the victim by pointing out why he was able to see the horses that he was broken out from the victim who was able to see, and was able to do so. (b) On June 2, 2015, the Defendant was able to kill the victim by making a sudden dispute.

The defendant tried to kill the victim by throwing over the right side of the victim with excessive (22 cm in total length, 10 cm in length) that is located in the same floor and return to the protection of the victim, and by throwing over the right side of the victim of the above over-road one time and continuing to cover the right side of the victim, one time, and the part to the right side of the victim. However, even though the victim got out of the face much, the defendant did not have to escape out of the above room and attempted to commit a crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to F and E;

1. Seizure records;

1. Investigation report (report on the hearing of opinions of doctors G and H in the hospital of Chungcheongnam-Namnam University), public question (written confirmation of doctor and opinion of doctor);

1. A victim and on-site photograph;

1. Previous records: References to criminal records, investigation reports (report on binding decisions related to criminal records of a suspect and confirmation of the date of release of the suspect recently);

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

4. Determination as to the assertion by the defendant and his defense counsel under Article 48(1)1 of the Criminal Act

1. The Defendant’s summary of the assertion is the instant case.

arrow