2012 Gohap 214 Attempted homicide (Aggravated Punishment of Violences, etc. Act)

Violation (Bodily Injury by Group, Deadly Weapons, etc.)

○○, Labor (Construction on Board)

9 persons

July 23, 2012

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

Criminal facts

On January 16, 2012: around 25, at the Defendant’s house located in Gwangjin-gu, Seoul Special Metropolitan City, 002, the Defendant collected a knife knife, which is a deadly weapon (25 cm length), from the Defendant, to the victim’s house with a deadly weapon (25 cm length) located in the kitchen △△△△△△△△△△△△ (01 years old), where the victim’s knife knife knife knife knife, where the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

The Defendant said that the victim’s door flocks are next to the Defendant, and caused the victim to open a flock. The Defendant reported the Defendant who flocks and flocks, and called her flocks, and called her flocks, and called her flock and reported her flocks, and called her flocks her flocks, and her flocks her flocks, and her flocks into her flocks, and her flocks. The Defendant called her flick, and her flocks, called her flocks, and her flocks into her flock, and her flocks.

However, the Defendant, who did not respond to this, knife the victim knife with a knife knife knife knife that knife knife knife knife knife that knife knife knife knife.

After that, the victim took away from the front door of 001, and the Defendant 12 reported the victim’s cell phone with the part of 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 knife knife knife knife knife knife knife knife knife knife knife knif.

In full view of the Defendant’s act, the Defendant inflicted injury on the victim of a food knife, which is a deadly weapon, such as the depth of five or more weeks left-hand knife in need of treatment.

Summary of Evidence

1. Defendant’s partial statement

1. The witness, the senior △△△ court statement;

1. Each protocol of examination of suspect prepared by the public prosecutor (part of each protocol);

1. A medical certificate;

1. Each photograph;

Application of Statutes

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(11) of the Criminal Act

Determination as to Defendant and defense counsel’s assertion under Articles 53 and 55(1)3 of the Criminal Act

The Defendant and his defense counsel asserted that the Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime. According to the evidence written out in the summary of evidence, the Defendant may recognize the fact that he had drinking alcohol at the time of the instant crime, but in light of various circumstances, such as the background of the instant crime, method and method of the crime, and the Defendant’s act before and after the instant crime, it appears that the Defendant had the weak ability to discern things or make decisions under the influence of alcohol at

[Main Grounds for Sentencing]

The sentencing guidelines are not applicable to / The victim of the instant case / 2nd sentence of imprisonment with prison labor for 10 months on January 20, 2012 (including the background of the instant crime, the degree of injury inflicted upon the victim) / The victim of the instant case 2nd sentence of imprisonment with prison labor for 10 years and 2nd sentence of imprisonment with prison labor for 16 months on the left-hand side, 5 second sentence of resin, 5th sentence of imprisonment with prison labor for 2nd sentence of Seoul, 2nd sentence of imprisonment with prison labor for 16th sentence of 2nd sentence of 2nd sentence of 9th sentence of 1st sentence of 2nd sentence of 2nd sentence of 1st sentence of 2nd sentence of 6th sentence of 1st sentence of this case, 10th sentence of 1st sentence of 2nd sentence of 9th sentence of 1st sentence of 2nd sentence of 1st sentence of 2nd sentence of 1st sentence of this case, and 10th sentence of 2nd sentence of 1.

Parts of innocence

1. Summary of facts charged

On January 16, 2012: around 25, at the Defendant’s house located in Gwangjin-gu, Seoul Special Metropolitan City, 002, the Defendant collected a knife knife, which is a deadly weapon ( approximately 25 cm on a day-day day-day day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-off day-to-day. In addition, the Defendant sought a victim house with the victim’s 1st underground floor (age 41 year-off day-off day-off day-day day-day day-off day-day day-off day-off day-day day-off day-day day-day day-off day-day day-off day-off day-off day-off day-day day-day day

The Defendant said that the victim’s door flocks are next to the Defendant, and caused the victim to open a flock. The Defendant reported the Defendant who flocks and flocks, and called her flocks, and called her flocks, and called her flock and reported her flocks, and called her flocks her flocks, and her flocks her flocks, and her flocks into her flocks, and her flocks. The Defendant called her flick, and her flocks, called her flocks, and her flocks into her flock, and her flocks.

However, the Defendant, who did not respond to this, knife the victim knife with a knife knife knife knife that knife knife knife knife knife that knife knife knife knife.

After that, the victim took away from the front door of 001, and the Defendant 12 reported the victim’s cell phone with the part of 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 knife knife knife knife knife knife knife knife knife knife knife knif.

Comprehensively taking account of the Defendant’s act, the Defendant tried to murder the victim’s ship with a knife knife, but the victim knife and knife the knife and knife the knife and knife the knife and knife the knife of about five weeks, and the victim attempted to take the knife the knife into the toilet

2. Determination

A. According to the evidence indicated in the summary of the evidence, the fact that the Defendant used a knife knife and found the victim's house on the same ground as the facts charged, and the Defendant used the victim's knife knife knife knife with three knife knife, but the victim knife knife and knife knife knife knife knife knife knife knife and knife knife knife, etc.

B. The intent of murder does not necessarily require the intention of murdering or planned, but it is sufficient to recognize or anticipate the possibility or risk of causing another person's death by his own act, and its perception or prediction is not only conclusive, but also the so-called willful negligence is acknowledged. In a case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime and only there was only the criminal intent of bodily injury or assault, it shall be determined by taking into account the objective circumstances before and after the crime, including the background leading up to the crime, motive, type and usage of the prepared deadly weapon, the part and repetition of the attack, and the possibility of causing the death (see Supreme Court Decisions 201Do6425, Feb. 8, 2002; 2006Do734, Apr. 14, 2006; 2006Do734, Feb. 209).

26. See Supreme Court Decision 2008Do9867 Decided 26.

C. Examining the following circumstances acknowledged by the evidence duly adopted and investigated by the instant court in light of the aforementioned legal doctrine, it is difficult to view that the evidence submitted by the prosecutor alone was insufficient to deem that the criminal intent to murder exceeding the intent to injure the victim was proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge otherwise.

① The name of the victim diagnosed on January 20, 2012 by the △△△△△△△△ on the Defendant’s 5th left knife, the left knife of 5 knife, the left knife of 5 knife of knife, the left knife of 5 knife of knife, the left knife of 5 knife of knife, the left knife of knife, knife of knife of knife, the left knife of knife of knife, the left knife of knife, the left knife of knife, the left knife of knif

② After entering the victim’s house, the Defendant, as approximately 10 minutes, went away from the victim’s house, and went away from the victim’s house, and thereafter, she was about 10 minutes as to the victim (the witness △△△△△△△△△△△△△). The Defendant, who used a fluorial knife on the sound [178cm, 78kgg, and former lusium (written response to the investigation before the judgment)], used approximately 10 minutes of criminal facts, took advantage of the knife to the part directly connected to the victim’s life, without taking knife, knife, knife, heat, etc., and without taking advantage of the knife to the part directly connected to the victim’s life.

③ In light of the following: “A victim 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 knife knife knife knife that knife knife knife knife knife knife knife knife knife knife

④ The Defendant 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.

D. Therefore, this part of the facts charged constitutes a case where there is no proof of crime and thus, a not-guilty verdict under the latter part of Article 325 of the Criminal Procedure Act is to be pronounced. However, this part of the facts charged contains a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and a criminal defendant is punished as a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in light of the process of the trial, even if the defendant is punished as a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), it is deemed that there is no concern that

jury verdict and sentencing opinion;

1. A verdict of guilt or innocence;

A. Whether murder is recognized (whether murder is recognized as attempted murder)

Opinions of the lack of proof of intention by all nine jurors (Opinion of innocence of homicide)

(b) Whether to recognize an injury to carry a deadly weapon

【Violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.)】

Opinions of recognizing that nine jurors are injured by carrying deadly weapons;

[Opinion of recognizing the violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.)]

All nine jurors suffering from mental illness

2. Opinions on sentencing

Three years: Imprisonment with prison labor for not less than three years and six months: Four years;

【Explanation and Guidance】

- As the jury’s opinions on fact-finding and sentencing are within the scope of law, legal principles, and sentencing guidelines presented, respect without mediating or excluding them;

- The meaning of the judgment, subsequent procedures should be referred to as a copy of the judgment delivered and a notice placed in the court.

- The main sentencing factors (special sentencing factors, general sentencing factors, and sentencing factors unique to this case) without hiding, exposing or exaggeration by evidence and material, describe most of the positive sentencing factors, neutral sentencing factors, and negative sentencing factors as shown in this case. The sentencing guidelines are based on the principle of responsibility for the act indicated in the sentencing guidelines, the qualitative classification of sentencing factors, etc., and the assessment of comprehensive consideration of the sentencing factors and arguments of this case and the assessment of comprehensive consideration of the contents of the arguments of this case, so the case is so decided as per Disposition through a participatory trial at the defendant's wishes.

Judge Ma-gu of the presiding judge

Judges Song-young

Judges Han Han-na