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(영문) 수원지방법원 2019.05.16 2019고합79
살인미수
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 5, 2017, the Defendant sentenced six months to imprisonment with prison labor at Suwon District Court for the crime of interference with business, etc., and completed the execution of the sentence on October 3, 2017.

Criminal facts

At around 21:55 on February 14, 2019, the Defendant sent a warning to the effect that “I would die if I would die or if I would die, I would die.” The Defendant would like to kill the victim by taking the warning from the victim that “I would die if I would die.” while I am drinking together with C, the victim D (ma, 43 years of age).

Accordingly, the Defendant, with a knife knife (18cc in knife length) in his main room, knife the knife knife knife knife knife knife knife knife knife knife

As to the above facts charged, the defendant asserts that the defendant does not bring a knife from the kitchen to the crime, but rather brings a knife to open the cans by opening the cans which have come to the inside of the city at the time.

However, immediately after committing the crime, the Defendant stated in the police investigation process that “the victim will be prone, referring to the victim, and the knife by opening a knife, bringing the knife, and then knife the knife,” and stated to the same effect in the prosecution investigation process.

In addition, E, which had been drinking together with the Defendant and the victim at the time, had gone to the toilet during the investigation process, and the Defendant appeared to have observed knife in the kitchen. As alleged in the Defendant’s domestic affairs, even if the Defendant had a knife with the kitchen having a kitchen in advance, it is recognized that he had the victim with the intent of murder, so long as the circumstances leading up to the occurrence of the crime cannot affect the establishment of the crime.

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