(영문) 서울남부지방법원 2019.05.31 2019고합102

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크기(pt)

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줄 간격

자간(%)

(영문) 서울남부지방법원 2019.05.31 2019고합102

살인미수

Text

A defendant shall be punished by imprisonment for five years.

One (No. 1) seized net value shall be confiscated.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 78, the female) are married couple, and the defendant is doubtful that the victim is out of the country. In particular, since the victim was arrested in around 2015 and the victim was hospitalized, the defendant and the victim are living separately.

On March 8, 2019, at around 19:46, the Defendant asked the victim's house located in Yeongdeungpo-gu Seoul Metropolitan Government C Officetel D to see that the victim was out of the house, and asked the victim to see how the E and E were large, and how the victim denied the appearance of the victim and got in a mutual dispute, the Defendant attempted to kill the victim in his house, which is a dangerous object (a., 12 m, 34 m) with the victim's left side side, and attempted to kill the victim, but the Defendant tried to kill the victim in his house without taking the victim's back to the above Dogri, with the victim's escape, the victim's escape, right side part, snow part, water-resistant part, irrigation part, back part, left part, and so on.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Investigation report (to accompany a victim’s statement or motion picture), CD;

1. Photographs of the victim and each written diagnosis;

1. A photograph of a criminal investigation report, photograph, on-site report on results, on-site photo, or CCTV-cape;

1. Written replys to the blood trace appraisal of the National Institute of Scientific Investigation and seizure records;

1. A detailed statement of 112 reports;

1. Application of investigation reports (Attachment of a certificate of entry into or departure from the G hospital), the certificate of entry and discharge;

1. Article 254 of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 48(1)1 of the Criminal Act

1. The summary of the assertion was disputed with the victim as an external problem.

참조조문

-형법 제48조 제1항 제1호

-형법 제250조 제1항

-형법 제254조

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