(영문) 서울남부지방법원 2014.10.31 2014고합310

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(영문) 서울남부지방법원 2014.10.31 2014고합310

살인미수

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On July 19, 2014, at the front of Yeongdeungpo-gu Seoul Metropolitan Government on July 23:00, the Defendant was trying to kill the victim E (28 years of age) who was dissatisfied with the Defendant’s front address D, with the intent to kill the victim. The Defendant taken a contact-type knife (5cm length, 14cm in total length, 14cm in evidence 1) in which the Defendant was in his front address, and display several times to the victim. The Defendant tried to kill the victim two times in proportion to the far left part of the victim’s front part, or to kill the victim two times in proportion to the part of the victim’s back, but the police officer, upon receiving the report, did not take approximately 7cm and about 4cm in length on the wind of the victim, and did not have attempted to receive emergency treatment after transmitting the victim to the Gangnam Hospital, and did not 3cm in length and about 5cm in length on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

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

1. The police statement concerning F;

1. To attach a report on investigation (for the victim's upper part), a report on investigation (for the scene map), and an emergency record paper;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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

3. As to the assertion that there was no intention of murder under Article 48(1)1 of the Confiscation Criminal Code, the criminal intent of murder does not necessarily require the intention of murdering or planned murdering. It is sufficient to recognize or anticipate the possibility or risk of causing death to another person due to his own act, and its recognition or predictability is not definite but it is so-called willful negligence even if it is uncertain. The defendant did not have the intention of murder at the time of committing the crime, and only he had the intention of murder or assault.

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