(영문) 수원지방법원 평택지원 2018.04.02 2018고합30

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2018.04.02 2018고합30

살인미수

Text

A defendant shall be punished by imprisonment for four years.

Seized knife knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant is a person who illegally staying in Chinese nationality and has worked for a day at the construction site of Pyeongtaek-si D Apartment.

On February 6, 2018, at a lodging place used by ordinary-si E and daily workers at the construction site of Pyeongtaek-si on February 16, 2018 and 201, the Defendant intending to kill the victim in a timely manner by taking a dispute on the ground that the victim, who was under the age of drinking together with Chinese fellows, such as Victim F (36 years of age), took a bath to the Defendant.

The Defendant brought knife knife (20cm in length on the knife) in front of the Defendant’s knife and knife knife knife and knife knife knife and knife knife part of the victim’s knife and knife knife. However, the Defendant attempted to kill the victim by once. However, the Defendant attempted to commit an attempted knife knife knife knife (7cm in upper part of the knife and knife, 8cm in depth, 8cm in width, 10cm in depth, 3cm in upper part of the knife, and knife knife in front of the victim’s life.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning G and F;

1. A protocol of seizure and a list of seizure;

1. A report on the results of field identification;

1. Determination of the assertion of the defendant and his/her defense counsel as to the investigation report (written opinion of the victim), investigation report (genetic appraisal report) and investigation report (genetic appraisal report)

1. Determination as to the assertion that there was no intention to murder

A. The gist of the assertion was that the Defendant had no intention to kill the victim.

B. 1) In the crime of murder, the intent of murder does not necessarily require the purpose of murder or the planned intention of murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also definite, so-called willful negligence. Thus, the defendant did not have the intention of murder at the time of committing the crime.

유사 판례

-창원지방법원 마산지원 2013.09.11 2013고합55

-서울남부지방법원 2014.10.31 2014고합310

-부산고등법원 (창원) 2019.07.03 2019노148

-광주지방법원 순천지원 2014.06.19 2014고합61

-서울남부지방법원 2019.05.02 2019고합96