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(영문) 창원지방법원 통영지원 2013.11.14 2013고합83
살인미수
Text

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

Seized articles, one knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant and the victim C (C, South and 38 years old) are foreigners of the nationality of Vietnam, who are the seafarers of the level D of 59 tons of private ship of the mid-to-date fishing vessel of 19 tons.

At around 07:30 on September 2, 2013, the Defendant: (a) was at anchored at the F Suhyup Auction House in Sacheon-si, Sacheon-si; (b) while giving bad appraisal to the ordinary victim, the Defendant thought that the victim would have stolen the cryp, which the cryp had been put in the engine room, that the victim would not have been able to have any cryped; and (c) made a cryp to the cryp deck and the victim “I have stolen the cryp inside the cryp.”

Therefore, when the victim's face is taken by drinking, the defendant and the victim were fighting one another and fighting one another's body. At that time, the defendant, who discovered that the knife (31cm in total length, 19cm in length) for the repair work of the object was sticked on the rail at the right side of the entrance of the engine room, tried to kill the victim in a timely manner, with the victim's knife and knife the part of the victim's knife on one occasion, while the victim tried to kill the victim by displaying the knife to the chest part of the chest, but the engine G, who observed the defendant, did not commit only the victim's knife and knife knife knife knife knife knife knife knife knife knife knif knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement made to G, H and I;

1. A report on the acquisition of a new person who attempted to murder, a report on internal accidents (accidents, damage details, etc.), a criminal investigation report, and a criminal investigation report (report accompanied by a doctor's opinion, and a report on the hearing of the victim's telephone statement);

1. Records of seizure and the list of seizure;

1. A medical certificate (C), a general medical certificate (A), a medical opinion, and a medical record;

1. A copy of the victim (C) passport, and a copy of the suspect passport;

1. A, C, a deadly weapon taken by a suspect A, and C, shall be damaged by the suspect A;

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