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(영문) 대전지방법원 2017.02.03 2016고합393
살인미수
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant, who is a national of the People's Republic of China, has entered Korea as a non-employment visa on July 8, 2015 and has been engaged in daily work.

The Defendant resided in the “D Public Notice Tele” 202 of the Defendant’s “D Public Notice Tele,” located in Asia-si. During his body due to a disguised illness, etc., the Defendant was suffering from the victim E (55 years old) who resides next to the Defendant, and was living together with the Defendant, on the ground that the Defendant 201 was flickly and flickly and neglected the Defendant.

On September 2, 2016, at around 10:52, the Defendant, on the 2nd floor of the “D Public Notice Hostel”, had a good appraisal with the victim, left for the victim, so that he could kill the victim.

Therefore, the Defendant collected the knife (33 cm in total length, 14 cm in length) which was kept under the aforementioned D Public Notice Hostel 202, and turned the knife into the second floor, and the knife of the knife of the knife of the knife from the second floor to the knife of the knife so far as the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

As a result, although the defendant tried to kill the victim, he did not commit an attempted crime because he did not bring about about about two weeks of medical treatment to left arms, straws, straws, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Police statements and written confirmation of investigation process against the accused;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. On-site photographs and CCTV photographs;

1. A medical certificate;

1. The defendant and his/her defense counsel did not intend to kill the victim only with the victim's knife to put the victim hot, and they did not intend to kill the victim;

The argument is asserted.

However, the intention of murder in murder crime is the purpose of murder or planned murder.

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