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(영문) 서울남부지방법원 2017.11.17 2017고합410
살인미수
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

One transition (No. 1) seized (26cm in total, 13.5cm in length).

Reasons

Punishment of the crime

Whether the court is to demand the prosecutor to change the indictment is at the discretion of the court (see Supreme Court Decision 2007Do616, May 14, 2009, etc.). Unless there is a concern that the defendant's exercise of his right of defense is not likely to substantially disadvantage within the extent consistent with the facts charged, criminal facts different from those stated in the indictment may be acknowledged ex officio without changing the indictment (see Supreme Court Decision 2008Do2409, Sept. 11, 2008, etc.). Thus, the court found the defendant guilty as a special injury whose identity of the facts charged is recognized ex officio without changing the indictment.

The defendant is a person who resides in the room located in Yeongdeungpo-gu Seoul Metropolitan Government, and the victim D (45) is a female of E who resides in the defendant.

On August 18, 2017, the Defendant: (a) had been suffering from E and Si reserve as a matter of the value of a room on the side of around 21:00, and (b) had been heard from E the content of Si reserve, and (c) had a visit to 102 on the 22:50 on the same day, on the 22:50 day on which the Defendant was living; and (d) “I n’t

By stating “Abstin and knife,” the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knife

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Photographss and photographs of seized articles;

1. Report on investigation by the prosecution (to hear statements by the victim, the damage status, and telephone related to impeachment of the suspect's defense);

1. Police investigation report (F counterpart investigation of a doctor related to the upper part of the victim);

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Article 258-2 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of liability for compensation is unclear).

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