(영문) 인천지방법원 2015.09.17 2015고합316

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(영문) 인천지방법원 2015.09.17 2015고합316

살인미수

Text

A defendant shall be punished by imprisonment for three years.

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

Around 02:00 on May 26, 2015, the Defendant was under the influence of alcohol in the “D” under the south-gu Incheon Metropolitan City Underground “D” and the victim E (the age of 57) who is a customer and the head of the Dong-gu Incheon Metropolitan City, and was faced with the victim’s face by booming the breath of the victim’s breath and booming the victim’s body, and booming the victim’s body.

Afterwards, the victim coming out of the head of the head of the head of the head of the head of the head of the head of the head of the Si/Gun/Gu with his desire to kill the victim in the middle of the head of the Si/Gun/Gu, and the defendant tried to kill the victim one time by taking the victim's right side side of the head of the kitchen and the part of the head of the Si/Gun/Gu in the head of the Si/Gun/Gu with his desire to kill the victim, but the victim attempted to do so without being able to inflict any injury, such as "the blood house with the head of the Si/Gun/Gu in the head of the Si/Gun/Gu, the head of the Si/Gun/Gu in the head of the Si/Gun/Gu, the head of the Si/Gun/Gu in the head of the Si/Gun/Gu, and the head of the Gu in the head of the Si/Gun/Gu in the head of the Gu."

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Police suspect interrogation protocol regarding E;

1. Police seizure records and photographs of seized articles;

1. On-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to a report on hearing a victim E-mail statement), investigation report (referring to a police officer's statement hearing report on a victim's cell phone photographing), investigation report (referring to a report on the confirmation of the contents of diagnosis of the victim), investigation report (referring to a report on the confirmation of the contents of diagnosis of the victim),

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. The defendant asserts that he only attempted to kill the victim with a knife, and that he did not intend to kill the victim.

2. The intention of murdering is the purpose of murdering or planned murder.

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