(영문) 수원지방법원 평택지원 2018.01.19 2017고합162

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2018.01.19 2017고합162

살인미수

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

Defendant C(30) A victim C(30) is in charge of the field (one person, one person, and another person.

“E from Pyeongtaek-si located in Pyeongtaek-si D, and borrowed money from ordinary members to ordinary members for living expenses, but the victim was suffering from the victim on the ground that he/she refused the lending.

On October 25, 2017, the Defendant borrowed money from the victim's house located in Pyeongtaek-siF on October 25, 2017 to the victim's house, but was willing to kill the victim as the victim refused to do so.

The Defendant saw the part of the victim’s left part of the knife that was prepared in advance in the knife machine (a total length: approximately 20 cm) to prevent the knife the part of the victim’s knife, and continued to have knife the part of the victim’s left part only once, and tried to kill the victim two times by displaying the knife knife to the part of the victim’s knife. However, the Defendant attempted to kill the victim two times, but the victim was only injured by the knife of the knife, the knife of the knife, the knife of the knife, the knife, and the knife by the knife knife of the knife.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to CDs, photographic materials (on-site, etc.), diagnostic certificates, and investigative reports (verification of diagnostic certificates);

1. Determination on the pertinent Article of the Criminal Act as to the crime, Articles 254 and 250(1) of the Criminal Act as to the choice of punishment, and the assertion of the Defendant’s choice of imprisonment without prison labor

1. The summary of the argument is that the Defendant had been assaulted by the injured person even before the time of the instant case, and the Defendant was in fact forced to have knife the knife at the time of the instant case, and there was no intention to kill the injured person.

2. According to the evidence duly adopted and examined by this Court (in particular, the image of the black CD), the body fighting began at the wind to wear the shoulder of the victim who the defendant would enter the house, and thereafter.

참조조문

-형법 제250조 제1항

-형법 제254조

유사 판례

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