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(영문) 청주지방법원 2013.12.05 2013고합198
살인미수
Text

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

Reasons

Punishment of the crime

On April 7, 2011, the Defendant, who is a workplace club, was dissatisfied with the fact that C(C, South, and 29 years of age), followed the Defendant, and was dissatisfied with the fact that he displayed a pipe.

At around 00:30 on April 10, 201, the Defendant: (a) tried to kill the victim working at the factory E, a corporation in Ma, Sungsung-si; (b) snicked the victim’s side flick with twice, and then flicked the part of the victim’s arms on two occasions; and (c) damaged the part of the part of the victim’s arms in the above road to the victim once.

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

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

1. Situation report, each photograph, and investigation report (related to the name of the suspect);

1. Application of Acts and subordinate statutes to medical certificates and copies of medical records;

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 Articles 25(2) and 55(1)3 of the Criminal Act for mitigation of attempted mitigation

1. Although the summary of the assertion was the fact that the defendant injured the victim with excessive roads, there was no intention to murder the victim.

2. The criminal intent of murder does not necessarily require the intention of murdering or planned murder. 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 conclusive but also it is so-called willful negligence. 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 murder or assault, the issue of whether the defendant had the criminal intent of murder at the time of committing the crime is the background leading to the crime, the motive of the crime, and the motive of the crime.

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