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(영문) 의정부지방법원 2018.08.03 2018고합102
살인미수
Text

. He shall be punished by imprisonment for a period of two years and six months;

The seized kitchen knife (25 cm per day* 13 cm per hand) 1 knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On April 8, 2018, the Defendant, at the office of “D real estate” located in Spocheon-si C around 22:0, expressed a bath with the Defendant’s intent of “D real estate” to the effect that the Defendant, while carrying out drinking at school E (S) and continuing to take a bath for the victim without any justifiable reason, he was able to do so.”

Therefore, even though the Defendant was aware of the fact that the victim's death could be achieved, the Defendant collected the kitchen knife (25 cm length) which had been in the room, and the victim knife "h" means "packer, dead, and discarded," the victim knife a kitchen knife twice the face part of the victim's face, but the kitchen knife was installed twice the victim's left hand part and the left part part of the victim's left hand part. However, the Defendant did not have the victim knife with the kitchen knife at the scene.

Accordingly, the defendant attempted to kill the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of F;

1. Statement made by the police for E;

1. Protocols of seizure (voluntary submission) and photographs of seized articles;

1. Application of Acts and subordinate statutes to report internal accidents (in an emergency room, attaching records of external wounds), issuance certificates of copies of medical records, photographs of external wounds, investigation reports (the extent of damage inflicted on victims), investigation reports (in an emergency room), and investigation reports

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Determination as to the defendant and his/her defense counsel's assertion under Article 48 (1) 1 of the Criminal Act

1. The summary of the argument is that the defendant was aware of the fact that knife victim sustained knife injury, but there was no intention to kill the victim.

2. Determination

A. In the relevant legal doctrine, the intention of murder is not necessarily required for the purpose of murder or planned murder, but for another person’s own act.

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