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(영문) 의정부지방법원 2016.04.21 2016고합62
살인미수
Text

A defendant shall be punished by imprisonment for seven years.

One copy (No. 1) of the seized golf bonds (three times) shall be confiscated.

Reasons

Punishment of the crime

On February 13, 2016, at the defendant's house located in Gyeonggi-gun, Gyeonggi-do, 17:40 on February 13, 2016, the defendant saw the victim D (57 Do) and drinking, who is a neighboring resident, the victim did not have a different age between the defendant and the defendant, and neglected the defendant. The victim was in a dispute with each other, and the victim was able to kill the victim by throwing away his house as it is, the victim did not come back, and the victim was able to do so, and the victim was able to kill the victim by cutting down his house between the defendant and the defendant.

Defendant 1: (a) had been placed in a gird hole 70 meters away from the Defendant’s house at the time of the above day; (b) had the victim’s head head part one time; and (c) continued to have used the victim’s head part on the floor; and (d) attempted to murder the victim by 8 to 9 times in telegraphs, such as the victim’s head, side gate, and shoulder part, with the above golf gird part; (c) however, upon receiving a report from the witness E 119, the victim was sent back to the hospital by the victim and sent out to the hospital by the 119 first-aid crew members, and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by each police officer in E and D;

1. Police seizure records (voluntary submission);

1. Each internal investigation report and each investigation report;

1. Application of each statute on photographs;

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

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 was that the Defendant had no intention to murder at the time of committing the instant crime.

2. Determination

A. The criminal intent of murder is not necessarily recognized as the purpose of murder or the intention of planned murder, but it is possible or foreseeable to recognize the possibility or risk of causing the death of another person due to his own act, and its recognition or predictability is not only conclusive but also it is recognized as the so-called willful negligence even if it is uncertain.

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