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(영문) 서울서부지방법원 2012.12.18 2012고합429
살인미수
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2012, the Defendant, who resided in the Eunpyeong-gu Seoul Metropolitan Government CPublic Notice Board, was willing to kill the victim on the ground that the victim D (the victim of 66 years of age), who was a general secretary, pointed out and took care of his own minor mistake, was able to do so on October 17, 2012, on the ground that the Defendant was frightening in his own room and frighting the wall in his/her own room and frighting the wall by hand.

At least 04:30 on the same day, the Defendant reported that the victim gets a cigarette on the rooftop, and followed knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the Defendant attempted to kill the victim as above, but reported the victim's draft, or suspended the crime by himself, thereby causing about two weeks of treatment to the victim, thereby leading the victim to an open upper part of the part requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police in relation to D;

1. A copy of medical record certificate, victim's photograph, opinion, and investigation report, and the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on written statements by prosecutors;

1. Articles 254 and 250 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Confiscation of the Criminal Act;

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