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(영문) 대전지방법원 2019.09.27 2019고합136
살인미수
Text

A defendant shall be punished by imprisonment for six years.

Seized evidence No. 1 shall be confiscated.

The request for the attachment order of this case is dismissed.

Reasons

Punishment of the crime

From March 2015, the Defendant was a person residing in Sejong-si apartment C, and from November 2017, the victim D (the age of 45) moved in the said apartment E, the lower floor, and the victim thought that noise was in noise between floors, and around March 2019, the victim considered that the noise was in noise. However, the victim was likely to have been in noise due to noise around March 2019. However, the Defendant’s resistance was neglected by the victim, i.e., “not having caused noise,” and the Defendant’s resistance was neglected.

At around 22:15 on May 4, 2019, the Defendant alleged that it was not excessive for the Defendant to kill the victim who returned from the house when the Defendant confirmed that the victim went out of the house, and that it was not excessive for the Defendant to kill the victim from the beginning. However, at the time, the Defendant only 1 saw the victim's getting out of the elevator as it is, and carried the victim's shoulder at the time, and there was no string of the victim's shoulder. ② According to the CCTV image installed in the above elevator, the Defendant does not go to the victim's upper floor noise problem or demand correction. 2) According to the CCTV image installed in the above elevator, it was difficult to view that the Defendant intending to ask the victim to talk with the victim. However, it is difficult to view that the Defendant intending to get out of the house at the time of leaving the entrance of the Defendant, but it was difficult to see that the Defendant was able to get out of the shoulder with the victim's shoulder, and that the Defendant was 14th floor of the Defendant's roof.

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