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Reasons
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(영문) 대전지방법원 천안지원 2017.09.20 2017고합113
살인미수
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A defendant shall be punished by imprisonment for six years.

The excessive seizure (No. 1) shall be confiscated.

Reasons

Punishment of the crime

From March 2017, the Defendant collected the abolition from the “E” way in the “E” restaurant located in the south-gu Seoul Metropolitan City, Chungcheongnam-si. However, G, the husband of the Lannan Victim F (n, 67 years old), who is the husband of the Lanan Victim F (n, n, f7 years old), had arbitrarily removed the Defendant from the office of removal, and had an hynasty.

On June 11, 2017, around 08:10 on June 11, 2017, the Defendant arranged for the abolition collected by putting music in front of the above “E” restaurant with a portable camera, with a view to “slicking music,” along with a bath theory, and then, whether the Defendant seeks to deduct the hicker from the damaged by G.

“The victim,” who was assaulted of the left chest along with his horses, thought that he was “the victim’s neglect of himself,” and thought that he was able to kill the victim after drinking in the nearby restaurant.

Accordingly, on June 11, 2017, the defendant found the victim who was in the street of "I" located in "I" in Nam-gu, Nam-gu, Chungcheongnam-gu, Namcheon-gu, Seoul, Seoul, about 19:20.

Although the victim has reached knife one time due to transition (9ccin length of the knife, 20cc in total) that was faced, the victim has reached knife the victim's left arms on the wind so that the victim can knife, and the victim has attempted to kill the victim once, but the victim has failed to do so on the part of the wind to rescue the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J, G, and F;

1. Protocols of seizure;

1. A written diagnosis of injury;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to field photographs, victim photographs and criminal tools photographs;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than five years but not more than 30 years;

2. Application of the sentencing criteria (a type of murder) shall be categorized as two types (i.e., murder).

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