(영문) 부산지방법원 2016.08.24 2016고합357

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(영문) 부산지방법원 2016.08.24 2016고합357

살인미수

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

On January 7, 2016, at around 22:30 on January 7, 2016, the Defendant came to dispute with the victim D (58 years old) who is her husband, while drinking together with the Defendant's house located in the north-gu, Busan, 201 Dong 1102.

The defendant, while suffering from alcohol, stated that the victim "Muritius," the victim was able to take the part of the defendant's neck, face, etc. while the defective victim made the horses.

As above, the Defendant intending to kill the victim by committing assault against the victim, and by using a knife knife (16 cm in length and 28 cm in total length) in the kitchen cliff at the same place, the Defendant tried to kill the victim once by knife the left chest part of the victim’s chest. However, the Defendant did not commit a attempted crime by making the victim flife by reporting flife on the food knife, flife, soflife, flife, and so on, reporting 119 et al. to the left part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

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

1. A report on investigation (Attachment of on-site photographs);

1. On-site photographs and photographs of seized articles (the defendant does not contain a knife with the intent to kill the victim at the time of committing the crime, but asserts that the defendant, while fighting with the victim of the marital fighting, "I satise this satisfy" was knife in order to commit suicide in mind.

However, the above assertion is against the statements made by the defendant and the victim in the investigative agency (the defendant led to the confession of all crimes in the investigative agency, and the victim also made the statement to the effect that he was faced with the knife in the marital fighting) and according to the statements made by the doctor E who provided the victim with the medical treatment of the victim and the blood scambling in the seized food blades, etc., the victim's upper part is not be be put beer on the knife, but is seen to be f

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