(영문) 수원지방법원 2018.06.28 2018고합22

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.06.28 2018고합22

살인미수

Text

Defendant shall be punished by imprisonment for a term of four years and six months.

Reasons

Punishment of the crime

The Defendant was dissatisfied with the victim C (46 years of age) and 10 years of age, and there was a complaint against the victim who was aged more than the Defendant at each time when the victim and the alcoholic beverage are drunk.

On December 30, 2017, around 20:27, the Defendant 20:27, while drinking alcohol with the victim and two other persons, at the E Innsan City D, the Defendant: (a) tried to kill the victim by taking the most old age into account the victim’s desire, and taking the Defendant’s head into hand; (b) having the victim’s verbal dispute with the victim, and (c) having the victim’s head.

The Defendant changed the knife to the victim and knife excessive ( approximately 22.5cm in total length, approximately 12cm in knife) from the victim, and tried to kill the victim twice by knife the left part of the victim's knife, but the victim tried to kill the victim twice. However, on the wind that the victim sent back to F hospital and undergoes a knife surgery, he saw the victim to have damaged the knife of the knife of the knife of the knife and the knife of the knife into the river that requires approximately four weeks of treatment.

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and C;

1. A protocol of seizure and a list of seizure;

1. A medical certificate;

1. Application of Acts and subordinate statutes to 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 Articles 25(2) and 55(1)3 of the Criminal Act regarding attempted mitigation

1. Determination as to the assertion that there was no intention to murder

(a) The criminal intent of murder is not necessarily deemed to have the objective of murder or the intention of planned murder, but is aware of the possibility or risk of causing the death of another person due to his or her own act.

참조조문

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