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(영문) 서울중앙지방법원 2016.12.23 2016고합954
살인미수
Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 09:30 on January 3, 2016, the Defendant, while drinking alcohol together with the victim D (60 years of age) who is a second frighter in the dwelling area located in Gwanak-gu in Seoul Special Metropolitan City C and 302, and the victim’s wife, was fluored by talking about the fact that the Defendant’s wife was exposed to each year before the year, with the intent to kill the victim by breaking the drug, and by breaking that the Defendant was fluoring the victim’s wife, and sound that the victim “fluor would die,” and the victim’s body immediately below the victim’s name was fluored once, but the part above E was fluord by the number of days of treatment (1.5cm-5cm-2cm in length, 3cm in depth) and 3cm in depth in the number of days of treatment (1.5cm-2cm in length, 3cm in depth).

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

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement concerning D;

1. Seizure records, the list of seizure, evidence of seizure, internal investigation report (the contents of currency with persons for reference E), each waiver of ownership, each certificate of medical records, copy of the certificate of medical records, and investigation report;

1. The defendant alleged that he did not have any intention to kill the victim, such as the victim's body photograph and field photograph, and the victim's body photograph, and the victim's body knife is examined.

The intent of murder in the crime of murder does not necessarily require the purpose of murder or the intention of planned murder, but it is sufficient to recognize or anticipate that there is a possibility or risk of causing another person's death due to his own act, and its recognition or predictability is not only final but also conclusive but also it is so-called willful negligence.

In a case where the defendant did not have the intention to commit murder at the time of committing the crime, and only he had the intention to commit an injury or assault, whether or not the defendant had the intention to commit the crime at the time of committing the crime.

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