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(영문) 서울남부지방법원 2019.05.02 2019고합96
살인미수
Text

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

A seized kitchen (No. 1) shall be confiscated.

Reasons

Punishment of the crime

Based on facts acknowledged by the pleadings and records of this case, the facts charged were partially revised to the extent that the defendant's right of defense is not infringed.

On February 28, 2019, at around 11:15, the Defendant: (a) considered that the victim C (the 45-year old) who is the owner of the business of distributing the leaflet in front of the Guro-gu Seoul Metropolitan Government Office did not take 40,000 won per day without justifiable grounds; (b) thought the victim to kill the victim; (c) had the victim take the phone in front of the above officetel by placing the victim’s phone; and (d) took the part of the kitchen (the blade length, 21cm, 33cm in total length) which is a deadly weapon in possession from the kitchen, taken the part of the victim’s clothes (the blade length, 83cm in length), and tried to murder the victim, but the victim did not have attempted to take part of the kitchen, such as taking part of the victim’s clothes, and did not commit so.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Emergency medical services log;

1. Sknife photographs, damaged photographs, CCTVs, and video CDs;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image and black image investigation), investigation report (Attachment to a victim's diagnosis report);

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. The gist of the defendant's defense counsel's assertion is that the defendant tried to threaten the victim, and there was no intention to kill the victim.

2. Determination

A. The intent of murder is not necessarily to be recognized as the purpose of murder or that of planned murder.

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