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(영문) 서울동부지방법원 2014.09.18 2014고합145
살인미수등
Text

1. The defendant shall be punished by imprisonment for three years;

2. For the person against whom an order to attach an electronic device is requested, a location tracking device for ten years;

Reasons

Criminal facts

Around 22:50 on April 20, 2014, the Defendant saw the victim D (Woo, 48 years old) living together since 2004 while drinking alcohol at the defendant's house located in Gwangjin-gu Seoul Special Metropolitan City and Na-dong 1, and tried to kill the victim with the victim's hair, "Woo kacking male with the wind," and "Woo kacking other male from the victim," even though he told that there is no other male from the victim, he saw the victim's hair, cut the victim's chest over the floor, cut the victim's chest, cut the victim's chest, and saw about 30 cm in length on the table, and let the victim sit on the victim's chest, and tried to kill the victim's chest by 20 knife.

However, the victim escaped from the house to the outside of the house, however, was only to inflict an injury, such as the breadth, in which the period of treatment cannot be known to the victim.

Accordingly, the defendant attempted to kill the victim, but attempted to do so.

[The defendant and his defense counsel asserted to the effect that the defendant was in a state of mental disorder because he was under the influence of memory at the time of committing the crime of this case. According to each of the following evidence, even though he was aware that the defendant had drinking alcohol at the time of committing the crime of this case, it does not seem that he did not have the ability to discern things or make decisions. Accordingly, the above argument is rejected] / [The ground for requesting attachment order] The defendant was sentenced to 10 years of imprisonment with prison labor for the crime of murder at the Busan District Court's East Branch on December 23, 1992, and was released on August 15, 200 and passed on June 28, 2002, and again committed murder at the Busan Correctional Institution as a person who again committed the crime of murder after the period of parole had passed on June 28, 2002

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution of D;

1. Opinions, victim photographs, and victim photographs;

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