(영문) 서울서부지방법원 2016.10.24 2016고합206

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2016.10.24 2016고합206

살인미수

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who had been living in the E-Public Notice House 7 in Seodaemun-gu Seoul Metropolitan Government, and the victim F (the age of 46) is a person who had lived in the five room.

The Defendant frequently performed a usual drinking, and slickly slicked in the KOG, and the Defendant 4 times tried to murder the victim of the defect that “the victim slickly slickly slickly slickly slickly slickly slickly slick.”

On June 21, 2016, at around 17:20, the Defendant, under the influence of alcohol within the above Gosiwon, laid off a knife knife (31cm in total length, 18cm in knife length) in the main room of the Gosiwon, and found the victim who was divingd in the 5th room.

The defendant found the victim, tried to kill the victim by fiffing the fiff's upper part of the victim with the above knife, fiffing about about 1 cm, and intending to fife the victim in a knife with a knife, and causing about 3 cm above the left part of the victim's left part. However, the defendant attempted to kill the victim, but the fife G et al. was attempted to stop.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of G;

1. The police statement concerning F;

1. Notification of the result of mental appraisal;

1. Investigation report (related to the statement of a shote), investigation report (verification of CCTV image data at the scene of occurrence and CCTV), investigation report (victim F telephone conversations);

1. The Defendant (the Defendant and his defense counsel) alleged that he was guilty of the knife and the part above of the victim F’s upper part of the crime at the time of the crime, and that he was in a state of mental disorder under the influence of alcohol at the time of the crime. According to the above evidence, the Defendant was suffering from the knife of alcohol dependence and was found to have drinking at the time of the crime

However, according to the following circumstances acknowledged by evidence duly adopted and investigated by this court, it cannot be said that the defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of committing the crime.

(1) The defendant shall be committed by the police immediately.

유사 판례

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