(영문) 서울북부지방법원 2015.12.18 2015고합314

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(영문) 서울북부지방법원 2015.12.18 2015고합314

살인미수

Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

The defendant was living together with the victim C(50 years old), and the victim was suspected of having the wind as the victim frequently talks with the surrounding male while running the cood business.

On September 25, 2015, the Defendant: (a) around 23:30, at the home of the victim in Seongbuk-gu Seoul, Seongbuk-gu, 301 Dong 1820 on September 25, 2015; (b) in relation to the case where the victim took the victim at the taxi of the same apartment house, the victim did not have the wind, but did not have the wind, and (c) the victim did not have the wind, and (d) the victim did so, with the intention of killing the victim by means of shocking it at the moment; (b) the Defendant took a kitchen (35 cm in total length, 22.5 cm in length), and the head of the victim took the rest of the body of the victim so far as possible; (c) while the victim took the part of the victim's kitchen with the kitchen, the Defendant did not take the part of the victim, and (d) the victim took the part of the victim's hand, and (d) the victim did so.

Accordingly, the defendant tried to kill the victim, but attempted to do so.

Summary of Evidence

1. C’s legal statement;

1. Records of seizure and the list of seizure;

1. Each investigation report and investigation report (Attachment to a written diagnosis of injury of a victim);

1. Documents related to domestic violence, such as photographs, visual photographs, etc., photographs showing the part of the kitchen blades taken by the victim and on-site photographs;

1. Application of the existing Acts and subordinate statutes of one kitchen knife that has been seized;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. As to the assertion of the defendant and his defense counsel under Article 48 (1) 1 of the Criminal Code of Confiscation, the defendant and his defense counsel asserted that the defendant had a state of mental disability under the influence of alcohol at the time of the crime in which the defendant committed the crime, and thus, this court

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