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(영문) 대구지방법원 2019.08.09 2019고합142
살인미수
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the male and the 23 years old) are private villages, living together with each other from November 2018.

At around 03:55 on April 12, 2019, the Defendant tried to murder the victim by taking a knife at approximately 20 centimeters high from the front knife of the victim's right side, leading the victim to murdering the victim in a timely manner by taking violence, such as putting the victim a knife on the ground of the Defendant's horse dumping, cutting the knife, etc., and spraying the knife at that time, and making the victim do so in a kitchen at that place ( approximately 33 centimeters in total length, about 20 centimeters in knife length), and using a knife at the right side of the victim's right side, leading the victim to a knife at approximately 20 centimeters high from the back knife of the knife, and having the victim voluntarily stop committing an offense and return the crime to the victim, thereby having the victim do so without having the victim do so within 12 knife.

The prosecutor prosecuted the defendant as an attempted crime under Article 25 of the Criminal Act, but the defendant immediately suspended the crime after having knife the victim. Although the victim reported again after having reported the victim 119 or reported at the victim's request, it is true that the defendant reported to 119. However, in light of the fact that the defendant found his cell phone for the 119 report immediately after having committed the crime and 119 report telephone directly, and that the defendant provided the victim with a continuous blood and relief until first respond to the emergency medical services worker, it is reasonable to deem that the defendant's attempted crime constitutes an attempted crime under Article 26 of the Criminal Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness B;

1. Each prosecutor and police suspect interrogation protocol against the accused;

1. Each police statement of B and E;

1. Records of seizure and the list of seizure;

1. On-site reports on results of field identification;

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