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(영문) 서울남부지방법원 2016.07.21 2016고합23
살인미수
Text

A defendant shall be punished by imprisonment for seven years.

Seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant, a member of the H church located in Jung-gu Seoul Metropolitan Government G, which is a member of the E religious organization, was in office as the F Chairperson from April 2015, and the victim I (47 ) was in office as the F Chairperson, and the victim I (47 ) was in office with the K church located in Geumcheon-gu Seoul Metropolitan GovernmentJ, the F.

The defendant was dissatisfied with the victim's cruel conduct, such as embezzlement of his own public fund, and the provision of related data to L pastors.

On October 22, 2015, at the office of the branch of K church, the Defendant demanded the victim to prepare a document to withdraw his suspicion at the office of the branch of K church, and then prepared in advance and tried to murder the victim with a knife (16cc in length on the knife) with several knifes, such as the vessel and the arms of the victim.

However, when the victim knife the knife with the knife with the knife, and the police officer called out after 112 report, the defendant failed to bring the knife the knife, but failed to commit

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. Each protocol of seizure;

1. Photographss, results of field identification, and accompanying photographs;

1. Stenographic records;

1. The application of relevant statutes to each medical certificate (as to the instant crime, the victim’s credibility is deemed to exist, inasmuch as the victim’s statement is specifically and consistently made from the investigative agency to this court on the content of the Defendant’s act, response to the victim, the situation before and after the commission of the crime, etc., and there are no other circumstances to deem that the victim’s statement is false).

1. Relevant provisions of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning criminal facts, and the choice of imprisonment for a limited term;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The gist of the assertion is only that the victimized person was willing to injure.

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