(영문) 대전지방법원 논산지원 2014.10.01 2014고합28

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 논산지원 2014.10.01 2014고합28

살인미수

Text

A defendant shall be punished by imprisonment for five years.

The excessive knife (No. 1) that has been seized shall be confiscated.

Reasons

Punishment of the crime

From around December 2013, while the Defendant took a bridge with the victim C (many, 50 years of age) from around June 2014, the Defendant intending to hear the horses that the victim had sexual intercourse with other males on July 9, 2014, and sought to confirm the fact that the victim had sexual intercourse with D around July 17, 2014, but, on the other hand, the Defendant was able to kill the remaining victims who had pruptly been sced.

On July 9, 2014, around 21:55, the Defendant attempted to kill the victim on three occasions by taking the transition knife (No. 1, 26 cm in total length, 14 cm in knife length) in front of the victim’s house located in E in Seosan-si, and following the victim, followed by the victim, and attempted to do so. However, the Defendant attempted to kill the victim on three occasions, but did not commit a attempted crime by causing the injury, such as damage between the open wifes requiring treatment for about six weeks.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Police seizure records;

1. Protocol of inspection;

1. Investigation report (report on the occurrence of the attempted crime), investigation report (Attachment to a dynamic image CD), investigation report (Confirmation ofCCTV video image);

1. Emergency medical services log, records of emergency medical centers, and opinions;

1. Application of the Acts and subordinate statutes concerning photographs and CCTV-faging photographs;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The gist of the assertion is that the Defendant attempted to injure the victim at the time of committing the crime and did not intend to kill the victim.

2. In the crime of murdering and attempted murder, the intention of murder does not necessarily require the purpose of murder or planned murder, and it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to its own act.

참조조문

-형법 제48조 제1항 제1호

-형법 제250조 제1항

-형법 제254조

유사 판례

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