(영문) 서울중앙지방법원 2016.11.18 2016고합639

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(영문) 서울중앙지방법원 2016.11.18 2016고합639

살인미수등

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A defendant shall be punished by imprisonment for seven years.

Seized knife (No. 1) shall be confiscated.

A request for the attachment order of this case.

Reasons

Punishment of the crime

The Defendant is the lessee of Dongjak-gu Seoul Metropolitan Government C and B01, and the victim D (77 years of age) is the lessor.

On April 26, 2016, the Defendant moved into the victim's house on April 26, 2016, and the rainwater was found to be a new house repair problem, and the Defendant, which caused the aggravation of appraisal, decided to have a director at a different place.

However, as a new tenant was unable to find, the Defendant first returned the deposit prior to the entry of the new tenant to the victim and requested the return of the deposit, but the victim rejected the return of the deposit on the ground that the new tenant did not enter.

Since then, the Defendant failed to participate in a conflict with the victim as a result of the preferential return of the deposit money, and the Defendant purchased the knife at F stores located in Dongjak-gu Seoul Metropolitan Government E on June 16, 2016.

On June 16, 2016, at around 12:15, the Defendant attempted to murder the victim’s right chest and side glass on five occasions using a knife (20cc in blade length, 33cc in total length, f. 1) purchased in advance from the victim’s home at the victim’s home (i.e., knife). However, the Defendant attempted to kill the victim’s right chest and side glass on five occasions. However, the Defendant attempted to commit an attempted injury, such as cutting off the victim’s captain and snife.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Written statements prepared by D;

1. Records of seizure, list of seizure, and investigation reports (verification of CCTVs in generated areas);

1. Certificates of opinions of doctors and copies of medical records;

1. Each photograph, the Defendant sales slip, and his defense counsel denied the intent of murder. However, considering the following circumstances acknowledged by the evidence, it can be acknowledged that the Defendant had committed murder in view of the following: (a) the process and method of committing the crime; (b) the risk of committing the crime; and (c) the injury inflicted by the victim

(1) The defendant will keep a dispute over the return of the deposit with the victim.

유사 판례

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-서울고등법원 (춘천) 2013.05.01 2012노258

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