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(영문) 수원지방법원 2016.06.09 2016고합107
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On February 21, 2016, the Defendant discovered that the victim E (V, 63 years of age) who was a woman born during several years as a matter of the distribution of miscarriages in the D funeral hall at the D funeral hall in the wife population C, G, Young-si on February 21, 2016, had been in the door to the death of the deceased.

The defendant, among the births, was the third victim of the same, to have the other birth together with the other births without having contact with the births. The defendant was not good for the victim. On the other hand, the victim did not report the defendant to the other births and did not look at the appearance of disregarding the defendant for a long time, and the appraisal and harmony he has accumulated for a long time, with the intention of murdering the victim in a timely manner.

around 14:55 on the same day, the Defendant taken up a knife (31cm in total length, 17cm in knife) of a knife (17cm in knife) that was kept in a twit line for riding FM520, which is owned by the Defendant, set up in a parking lot outside of the above funeral hall.

To put in the right side and enter the place where the victim is located, and 15:03 knife the knife in possession of the victim after approaching the victim.

어 오른손으로 칼을 잡고 피해자의 가슴을 향해 찌르려고 하자 깜짝 놀란 피해 자가 이를 막아 피해자의 왼팔을 1회 찌르고, 다시 회칼로 피해자의 가슴을 1회 찌르고, 이어 피해자의 목을 향해 찌르려고 하자 이를 막는 피해자의 왼 손가락과 얼굴을 수회 찔러 피해자를 살해하려 하였으나 주변에 있던 사람들이 피고인을 붙잡고 제지함으로써, 피해자에게 흉부( 명치 )에 길이 3cm, 턱 밑에 길이 2.5cm, 왼팔에 길이 15cm, 왼쪽 손가락 중지 및 환지에 길이 1cm 의 자상을 가하는데 그쳤다.

Summary of Evidence

1. Partial statement of the defendant;

1. Indicating each part of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the prosecution against E;

1. Each police statement made with respect to G and H;

1. Police seizure records and list of seizure;

1. A victim;

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