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(영문) 인천지방법원 2013.11.20 2013고합646
살인미수
Text

Defendant

A Imprisonment with prison labor for two years and for six months, respectively.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A: (a) heard the horses that Defendant A, his Chokon E, sent and sent text messages to F with F and telephone, and took a dispute with each other; (b) put the knife in preparation for a fighting into the right part of the knife; and (c) took the knife at the place of promise along with E.

On August 15, 2013, at around 21:50, the Defendant, at the top of the H restaurant located in Bupyeong-gu Incheon Metropolitan City, was in line with B and F, the Defendant attempted to kill the right side of the victim B (the age of 24), etc., by taking out the knife (total length of 20cm) which is a dangerous object from B and F, and trying to kill the knife more than once. However, the victim was able to inflict an injury on the victim, such as the right knife, snife, and liver damage that requires approximately eight weeks of treatment on the wind.

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

2. Defendant B heard the horses that he had his friendship F with F, one of the reasons why E was based, and she left the kitchen gate in preparation for fighting with the left part of the kitchen, and went to the place where the promise was made.

At the time and place specified in paragraph (1), the Defendant took two bath each other, such as the victim E (year 21), and the kitchen 30cm (total length) which is a dangerous object in possession. The Defendant was placed on the side floor of the head of the victim in excess of 30cm.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol regarding E (second, third, etc.);

1. Each police statement made to I, B, and F;

1. Investigation report (to direct the prosecutor);

1. Application of Acts and subordinate statutes to each medical opinion and medical certificate;

1. Relevant Articles 254 and 250(1) of the Criminal Act (Selection of Imprisonment): Defendant B: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act;

1. Legal provisions;

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