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(영문) 수원지방법원 평택지원 2014.04.09 2013고합149
살인미수
Text

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

The defendant retired from office in the idea that the victim D (the age of 31) who is a company partner who works together with the C Company with China as a Chinese partner (the age of 31) retired from office for him/her, and therefore, he/she had the intention to multiple victims.

The Defendant, in the state of lacking the ability to make a decision due to the depression disorder, was placed in a household E 101 of Guro-gu Seoul Metropolitan Government E-101 ( approximately 30 cm in length), and was waiting for the victim for 20 minutes in front of the house and the entrance door of Pyeongtaek-si F Building. On October 23, 2013, the Defendant discovered the victim who returned home after leaving the house around October 21:26, 2013, and tried to kill the victim one time by drinking the head of the victim’s head. However, the Defendant attempted to kill the victim with a food knife continuously owned, but the victim did not receive only the injury such as the left-hand chest part requiring treatment for about eight weeks, the left-hand upper part, the left-hand upper part of the 8th century, the impairment of the road, and the impairment of the road crossing. Thus, the Defendant did not have attempted to do so.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Each statement made by the police officer G and D concerning each statement;

1. Each investigation report prepared by the police (including each accompanying document) on each description and each image (including photographs of the body parts of the victim / the process of seizure of the instrument of crime);

1. Entry of the police record of seizure;

1. Description of a medical certificate of injury to D in the preparation of the doctor H;

1. Images of photographs (Evidence No. 54-60 pages);

1. Determination of the defendant and his/her defense counsel's assertion on the defendant as stated in the mental appraisal report prepared by the Ministry of Justice at the Medical Treatment and Custody Center

1. Although the summary of the assertion has a knife of the victim, there was no intention to kill the victim.

2. In the case of murdering, the intention of murdering is to be recognized as having the intention of murdering or planned.

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