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Reasons
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(영문) 수원지방법원 여주지원 2013.11.28 2013고합84
살인미수등
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A defendant shall be punished by imprisonment for three years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

In this case.

Reasons

Punishment of the crime

1. On September 18, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.), around 18:35, 2013, on the ground that the Victim D’s home room in Ischeon-si, and that the victim was aware that the victim was her only her only her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her part

2. On the ground that the victim E (the age of 62) was unable to have the wind with the above D, the Defendant thought that the above dispute was brought about with D, and tried to kill the victim with respect to the honor and murder of the victim.

On September 29, 2013, at around 06:45, the Defendant discovered the victim and attempted to kill the victim once by taking a dangerous thing that the victim prepared in advance (20cm in total length, 9cm in length) that is, the dangerous thing that the victim prepared in advance, while waiting the victim to know that the victim had been present in order to attend the mountain. However, even though the Defendant attempted to murder the victim, the Defendant did not come to the wind where the members of the mountain conference, whose names were in the surrounding area were unknown, did not come to that end, and did not go through an open top part of the part of the part requiring medical treatment for about three weeks, and attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E, H, and D;

1. E statements;

1. On-site photographs;

1. Records of seizure and the list of seizure;

1. The defendant and defense counsel's assertion of an injury diagnosis report, medical record record, and judgment thereof

1. The alleged defendant did not think of the victim E, but did not intend to kill the victim.

2. The criminal intent of murder does not necessarily require the intention of murder or planned murder, but is the death of another person by his own act.

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