(영문) 전주지방법원 군산지원 2019.10.10 2019고합111

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(영문) 전주지방법원 군산지원 2019.10.10 2019고합111

살인미수

Text

A defendant shall be punished by imprisonment for ten years.

Reasons

Punishment of the crime

The defendant is a foreigner of Vietnam's nationality who is living together with the victim B(n, 44 years of age), and the victim C(55 years of age) is a mother of the victim B, and there was a good appraisal considering that it is an out-of-the-face relationship between the victims of peace.

1. On July 27, 2019, the Defendant attempted to murder with the victim B on July 14, 2019, and on the ground that the victim B did not have taken wrong part in the relation with the victim B without recognizing the relation with the victim B, the Defendant made a strong knife twice with the kitchen knife (33cm in total length, 20cm in knife length) in the kitchen in the middle of the dispute.

As a result, the Defendant attempted to kill the victim, but the victim was only injured by damage, etc. to the head of the 200s or more which is open within the mouths requiring medical treatment, and the police officer dispatched after receiving a report did not bring the victim to the hospital and received medical treatment, but did not bring the victim to an attempted crime.

2. Around 14:18 of the same day as above, the Defendant attempted to murder the victim C, who was found in the victim C’s residence in Yansan-si E, and was committed with the kitchen knife (34.5cm in total length, 21.5cm in knife length, 21.5cm in knife length) in a kitchen, which had been in the kitchen room, planned to kill the victim. The Defendant prices the victim’s face by taking the arms, clothes, and knife once every time.

Thus, although the defendant tried to kill the victim, he did not commit an attempted crime because he did not commit a bodily injury, such as the shot, the shot, the shot, and the shot part of the body part in which the victim's treatment is required for about four weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and C;

1. Each protocol of seizure, the list of seizure and each photograph of seized articles;

1. On-site photographs (D), on-site photographs (E), and field identification photographs;

1. On-site reports, reports on results of field identification, and parts of each damage;

유사 판례

-청주지방법원 충주지원 2014.09.04 2014고합46

-전주지방법원 군산지원 2019.06.13 2019고합48

-수원지방법원 여주지원 2013.10.31 2013고합46

-수원지방법원안양지원 2020.09.04 2020고합67

-대구지방법원 김천지원 2016.11.22 2016고합65