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(영문) 대전지방법원 2016.04.07 2016고합42
살인미수
Text

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

One point (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

In the indictment on January 17, 2016, the Defendant stated “ January 16, 2016.” However, it is obvious that it is a clerical error.

23:15 With respect to the Defendant’s residence in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon C and 103, where the Victim D, who was under the influence of the Defendant, did not bring about the 6th day, the Defendant “hicking off.”

“A victim is not a victim of whom he or she is referred to as “ but is not a victim of whom he or she is referred to.”

“Along with the victim’s awareness that the victim could have died, the victim attempted to kill the victim by breaking the victim’s right head (i.e., 40cm in length) and the left eye (i.e., e., e., g., e., e., g., e., g., e., g., frying the victim’s right head (i. e., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., f

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A police seizure protocol (voluntary submission), and a list of seizure;

1. A detailed statement of the processing of the case to be reported, a report on the results of field identification, a criminal investigation report (a copy of the medical record for the victim), and the number and frequency of prices of the suspect;

1. Medical records and medical certificates (D);

1. Application of Acts and subordinate statutes to each on-site photograph, net photograph, and damaged photograph;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. As to the assertion of the defendant and his defense counsel under Article 48 (1) 1 of the Confiscation Criminal Act, the defendant and his defense counsel had no intention to kill the victim, although there was a fact that the defendant has displayed his/her value once.

The argument is asserted.

In the murder crime, the purpose of murder is not necessarily required to be the intention of murder or planned murder, but it is possible or dangerous to cause the death of another person due to his own act.

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