(영문) 서울남부지방법원 2016.08.04 2016고합34

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.08.04 2016고합34

살인미수

Text

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

Reasons

Punishment of the crime

On January 29, 2016, at around 00:05, the Defendant, at Dhop located in Yeongdeungpo-gu Seoul Metropolitan Government around 00:05, performed a mutual dispute with the victim E (33 tax) while drinking alcohol with the victim, and the Defendant left the beer’s disease on the table on the table, and caused the knife to the victim, and tried to kill the victim by reporting the knife and setting up against the Defendant.

The victim and the defendant’s body fighting;

The Defendant, who takes a knife a knife knife knife, takes the knife knife knife, and moves the knife to the side, which is a dangerous thing for the victim, has reached the knife of the victim two times by force.

The victim suffered from approximately 2 weeks of heat (the 15cm in length, the depth bed) and dunes (the 15cm in length, the 3cm in length, and each dunes in depth).

Accordingly, the defendant tried to kill the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the police for E;

1. A victim's upper part photograph and field photograph, a photo, a diagnosis report, an operation record book, an emergency room, and a diagnosis report on the upper part of the victim's upper part;

1. Application of investigation reports (personal information of victims and medical treatment related thereto), investigation reports (examination of the details of a criminal suspect's case) and statutes;

1. Relevant provisions of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning facts constituting an offense (elective of imprisonment with prison labor);

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 25(2) and 55(1)3 of the Criminal Act that are legally mitigated

1. The gist of the claim is that the victim tried to attack himself/herself on his/her knife, and only prices the victim's head on one occasion due to an empty beer disease, and the defendant did not have the intent to kill the victim.

In addition, the defendant was acting in order to defend the life and body of the defendant from the attack of the victim.

참조조문

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