(영문) 대전지방법원 천안지원 2019.10.30 2019고합169

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(영문) 대전지방법원 천안지원 2019.10.30 2019고합169

살인미수

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

At around 19:00 on July 28, 2019, the Defendant had been drinking alcohol at the workplace Dong-gu, Chungcheongnam-gu, Sinan-si, Dong-gu, Dong-gu, Seocheon-si, with the phrase “I will not receive a telephone,” from the victim C (Woo, South, 39 years of age, and China) who is a workplace partner with a lower age than himself/herself.”

After that, at around 19:43 on the same day, the defendant called the victim as the front parking lot of the defendant's house, and after the locking, the victim 2 times as the front parking lot of the D apartment E-dong in Yannam-gu, Yandong-gu, Yandong-gu, and the victim continuously prepared for resistance and put it into the humf dancing ( approximately 25 cm in total length, approximately 20 cm in length) which the victim had been placed in the knife and knife in the knife.

As a result, the Defendant attempted to kill the victim, but the knife knife the knife the knife while leaving the knife, and caused the victim to inflict a bodily injury, such as the right side, the nearest part of the knife, and the knife of the knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A copy of each medical certificate and medical record;

1. Records of seizure and the list of seizure;

1. A report on investigation (Attachment of a photograph of criminal implements);

1. Determination as to the assertion of the defendant and his defense counsel by CCTV CD (44 pages of investigation records), each photograph (15, 57, 86, 216 pages of investigation records)

1. The summary of the assertion was that the defendant had no intention to kill the victim at the time of committing the crime of this case.

2. Determination

A. In the crime of murder, the intent of murder does not necessarily require the purpose of murder or the planned intention of murder, but is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act.

Such recognition or predictability is not only conclusive but also uncertain, so-called willful negligence.

유사 판례

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