209Gohap218 Murder Attempted

○○ (-) - Non-permanent,

Residential Incheon ○○○-dong ○○ - ○ - ○

○○○○○○○○○ ○ in a place of registration

Haak, Epik, Epik

Attorney Lee Dong-sik and Kim So-young (Korean Office)

7 persons

September 29, 2009

A defendant shall be punished by imprisonment for not less than three years and six months.

excessive one (No. 1) seized shall be confiscated.

Facts of crime

From January 2009, the Defendant had been using one square with his own rental apartment room from the victim Kim Jong-tae (mam, 59 years old) who was known to him from his around January 2009, and had been dissatisfied with the view of disregarding the Defendant, such as the Defendant’s obsing and assaulting the Defendant.

피고인은 2009. 5. 30. 23 : 30경 서울 동대문구 ○○동 ○○ ◆◆우성아파트 201동 1506호 소재 피해자의 주거지에서, 귀가한 피해자가 아침에 먹은 미역국이 국물도 없이 건더기만 남아 있었다는 이유로 마침 집에 돌아온 피고인과 시비되어 피고인에게 “ 야 씹할년아, 미역국 다시 끓여와라 ” 고 하는 등 욕설을 하며 손바닥으로 피고인의 얼굴을 수회 때리고 주먹으로 피고인의 이마를 수회 때리자 이에 화가 나 피해자에게 “ 너 그러면 죽일 수 있다 ” 고 말하였으나 이 말을 들은 피해자가 피고인에게 재차 “ 니가 ? 너는 못해 ” 라고 말하며 빈정거리는 태도를 보이는 것에 격분하여 피해자를 살해하기로 마음먹었다 .

The Defendant intending to kill the victim on one hand at the right side of the victim with a deadly weapon (23cm in total length, 12cm in length) that was kept in the Defendant’s travel room, and followed by the victim, etc. who saw the victim with a meal, “I am frien, I am, I am, and I am.” The Defendant attempted to kill the victim on one occasion at the right side of the part of the victim with the excessive road being used, but did not commit a attempted crime without having the victim frighten, so that the victim’s scambling is frighten, and the victim’s scamened.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness, △△△△, △△△, Kim △, and Park Jong-gu;

1. A protocol concerning the suspect examination of the accused;

1. Determination as to the assertion of the police seizure protocol and list, each evidence photograph, investigation report (Attachment to the statement of intent of the victim Kim Jong-ri), investigation report (Attachment to the report of medical examination and custody), defendant and defense counsel

1. Summary of the assertion

피고인이 칼을 가지고 와 피해자의 등 뒤가 아니라 옆에서 겁을 주려고 목에 칼을 댔는데, 피해자가 스스로 몸을 움직이다가 칼에 베어 상처가 난 것이므로, 피고인에게는 살인의 고의가 없다 .

2. Determination;

The intent of murder in the crime of murder does not necessarily require the purpose or planned intention of murder. It is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its awareness or prediction is not only conclusive but also it is so-called willful negligence. In a case where the defendant asserts that there was only no criminal intent of murder or assault at the time of committing the crime, and that there was only the criminal intent of murder or assault, the issue of whether the defendant was guilty of murder at the time of committing the crime shall be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive for committing the crime, existence of the prepared deadly weapon, type, method of attack, part and repetition of the attack, degree of the occurrence of the result of death (see, e.g., Supreme Court Decision 2009Do3309, Jun. 11, 2009).

Therefore, the following circumstances acknowledged by the evidence duly adopted and investigated by the court: (i) the Defendant’s use of the tool for the instant crime was a deadly weapon (12cm in blade) with which people’s life can be easily deducted; (ii) the victim’s upper part of the wall is not less than 6cm in length and 2cm in depth; (iii) the Defendant’s use of the tool for the instant crime was in close range to the immediately preceding one; (iv) it appears that it was difficult to see that the Defendant was in front of the body of the victim; and (v) the Defendant was in front of the victim’s knife with knife and knife with knife with knife and knife with knife with knife and knife with the victim; and (v) the Defendant did not think that knife and knife the victim’s knife with knife with knife.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 254 and 250(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see the following grounds for sentencing)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

The crime of this case on the grounds of sentencing is likely to result in knife and bring the knife and the knife of the victim because the defendant, who was dissatisfied with the victim, was accused of the victim of the crime of this case. In other words, it is necessary to strictly punish the victim because the method of crime is very dangerous, and the damage to the victim is not recovered.

However, there are circumstances, such as the fact that the defendant was assaulted several times from the victim until the crime of this case was committed by the victim, the fact that the victim first committed the assault and assault against the defendant, and it appears that the defendant who caused the crime of this case was committed by contingently, the fact that the victim did not have a large aftermatha, and that the defendant did not have any criminal power other than twice the suspension of indictment, etc., such circumstance shall be considered as favorable to the defendant.

In addition, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime is committed, criminal records, etc., and the jury verdict and sentencing opinion determined as ordered in consideration of the overall circumstances shown in the arguments in this case.

1. A verdict: Seven unanimous verdict of conviction;

2. Sentencing opinion: Imprisonment with prison labor for a period of 3 years and 6 months (for a period of 5 years and 3 years).

Judges of the presiding judge;

Judges Sung-won

Judges Cho Jong-soo