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(영문) 서울동부지방법원 2020.02.20 2019고합341
살인미수
Text

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

The seized knife (No. 1 and 2) shall be confiscated.

Reasons

Criminal facts

(1) On October 28, 2019, the defendant was found to have committed a crime due to the attachment order / around 15:30 on October 28, 2019, in front of the house of the victim C (n, 39 years of age) located in Seongdong-gu Seoul Metropolitan Government on the ground that the victim, who is a neighboring resident, is slicking, etc., the defendant was informed of his/her ability to kill the victim without any specific reason, while he/she was living in the house of his/her house, the emotional distress of the defendant's house and the kitchen of the defendant's house (33 cm in length, 21 cm in length in total, the knife length, 21 mm in total) were waiting for the victim, and the victim was flick from his/her family to his/her family to the part of the body of the victim, but the victim flickly resisted and reported to the victim, and did not commit any other damage to the body of his/her week.

【The facts constituting the cause of the attachment order】 The person subject to the request for the attachment order (hereinafter “Defendant”) is likely to recommit the murder crime in light of the motive, process, method, circumstances after the crime, the results of evaluation of the risk of recidivism, etc. of the crime in this case.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording notes;

1. Investigative report (a medical certificate and statement of opinion), investigative report (to hear statements of victims and confirm opinions of doctors), and records of E University operations;

1. A report on the progress of field identification;

1. Records of seizure and the list of seizure;

1. The risk of repeating the crime of murder as indicated in the judgment: The following circumstances revealed by the aforementioned evidence and the investigation prior to a claim, namely, ① the Defendant committed the instant crime on the grounds that the victim frequently fights with ordinary couples, etc.; ② the Defendant, who was out of the house of the kitchen with the kitchen knife, sent the body of the victim, such as the chest and the arms, etc., and ③ the Defendant, around July 2018.

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