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Reasons
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(영문) 춘천지방법원 속초지원 2013.06.13 2013고합13
살인미수
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A defendant shall be punished by imprisonment for three years.

Excessive one (No. 1) shall be forfeited.

Reasons

Punishment of the crime

On April 5, 2013, the Defendant: (a) around 21:10, the Defendant: (b) obstructed the front of a bicycle in front of the entrance entrance of the 1st floor of Seocho-si, Seocho-si, 305, in front of the first floor; and (c) attempted to kill the victim by spraying another student on his name, which appears to be sufficient for the elementary school student to see that “this feass, feass, feass, sphers, sphers, sphers, and fassphers, sphers, and fassphers, sphersphers, sphers, and sphersphers at the same time.” (b2)

The defendant takes the knife (9cm in blade length, 20cm in total length) of the victim, who was in possession of the main knife in the upper part of the stairs, and knife the part of the victim's left shoulder, so long as the victim's knife has been knife and knife two times by the victim's side knife.

Afterwards, the Defendant got out of the way, and her escapeed from the victim, up to the entrance at the end of the corridor of the first floor of 305 apartment buildings, but the victim did not go out of 305, and did not go out of 307, and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of police statements of E and D;

1. Each prosecution letter, each investigation report, each investigation report, and each request for appraisal;

1. Application of Acts and subordinate statutes requesting genetic appraisal, and request for appraisal of detained suspects' DNA identification samples;

1. Articles 254 and 250 (1) of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The main point of the argument was that the defendant had no intention to kill the victim.

2. In the judgment of murder, the intent of murder does not necessarily require the intention of murdering or planned murder.

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